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IN 



CIVIL GOVERNMENT 



PARAGRAPHED AND ALPHABETIC \EEY 
ARRANGED WITH CROSS- 
REFERENCES 



THE TEACHER «•* THE STUDENT ^3° 

°§s#> THE CITIZEN =#§° 



•y BY 

T. L. DAVIES, A. B. 

Principal Spencer Normal School, and Ex-Memb2r West Virginia 
fctate Legislature 

' ' Th o u too, sa il on, O Sh ip of St a i ti ! 
Sail on, O Union, strong and great !" 



SPENCER. AY. YA. 

GEM PUBLISHING CO. 
1899 






■^ 



Library of CongrQ8% 
Office o f th* 

N0V291BW 

Register of Copyright* 



47585 

Entered according to Act of Congress, 

in the year 1899, by 

T. L. DA VIES, 

In the Office of the Librarian of Congress, 

at Washington , D. (\ 

LC Control Number 




tmp96 028326 



SECOND COPY, 



TO THE 

Aifttig off ptt^if^ 

WITH WHOM. IX THE PAST NINETEEN YEARS. HE 

HAS BEEN MOST PLEASANTLY ASSOCIATED 

IN THE SCHOOLROOM. AND AT THE 

REQUEST OF MANY OF WHOM 

IT IS NOW SENT FORTH. 



THE CONTENTS OF WHICH 
THEY HAVE KINDLY COMMENDED 
IN THEIR CLASS WORK. AND TO WHOM 
MUCH OF IT WILL HE FAMILIAR AND WILL, SERYE 
ASA REMINDER OF OTHER DAYS, IS RESPECTFUL- 
LY DEDICATED BY THEIR WELL-WISHING FRIEND. 

THE AUTHOR. 



PREFACE 

Hon in the minimum space. In this respect, 
the busy knowledge-seeker is invited to 
compare this little book with other more 
pretentious volumes on the same subject. 

It is confidently belieA^ed that the teacher 
preparing for examination, will find in this 
little volume, a trusty friend whose thorough 
acquaintance will enable him to pass any ex- 
amination on the subject in hand: that the 
student will find the study of Civil Govern- 
ment more interesting if he keeps it within 
easy reach, no matter what text book he 
may be studying; and that the citizen will 
find it useful for reference. 

Since "to err is human." it is not necessary 
to remark that the author does m ^t regard 
this little work as absolutely perfect. If it 
were, it would be lonely indeed. 

The author acknowledges obligations to 
W. L. Starke v, Esq.. of the Spencer Bar, for 
valuable suggestions and aid in the prepara- 
tion of the following pages. 

Independence Dn.v< lSiiU. 



FACTS 

IX 

Civil Government 



Note 1 — Parenthetical numbers in the text- 
refer to other sections where information may 
b e fo un d o n th e s u hjec ts preceding' th em; th us > 
(549) in the first section, refers to negotiable 
in the text. Where the information is not in- 
quired, disregard the references. 

Note II— A t tlie dose of the book, will be 
found an alphabetical index of subjects treat- 
ed o/77^sttk-topi(\s or under different titles. If 
the subject desired is not found as a leading 
topic look in the index. 



GOVERNMENT.— Contr< riling ] sower; the pow- 
er that makes, interprets and executes the 
laws; the power that rules a body politic. 

CIVIL GOVERNMENT.— The power by which 
a body politic controls its citizens in their re- 
lations to each other and to the state. 

1. Acceptance. — An agreement to pay a 
draft, bill of exchange, or order, when due. 

2. The person accepting, writes "Accepted '," 
with his name, across the face of the paper; it 
then becomes negotiable (549). 



8 FACTS IN CIVIL, GOVERNMENT 

2. Accessory. — One who advises, commands, 
or otherwise aids in the commission of a crime 
at which lie is not present. 

2. An necessary liefore the fact is one who 
advises or commands the commission of a 
crime. 

3. An accessory after the fact is one who 
knowingly conceals the offender or aids him 
to escape punishment. 

3. Accidental Presidents.— Those who succeed 
to the presidency by the death of the President. 

2. Thus far. they are Tyler. Fillmore. John- 
son and Arthur. 

4. Acclamation, Vote by.— A vote taken by 
those in favor of a question saying together; 
"Aye;" and those opposed. "No." 

5. Accommodation Paper. — A draft accepted, 
or a note given, without consideration, merely 
as an accommodation, for the purpose of 
raising money on credit. 

6. Accomplice. — An associate in the com- 
mission of a crime, either as a principal or as 
an accessory (2). 

7. Account Current. — A running account be- 
tween two persons or firms, or an itemized 
statement of the same. 

8. Account Sales. — An itemized statement of 
sales and expenses made by a commission 
merchant to his principal. 

9. Acknowledgment. — The declaration of 
one's own act before a proper officer, to make 
it legally valid. 

10. Act. — A law passed by a legislative 
body. 



r.\rrs in civil i;ovkk.\.\h:\t ^ 

11. Administrator.— A man duly appointed 
oy the proper authority, to manage and dis- 
tribute the estate of a person dying intestate 
(432). or in whose will no competent execu- 
tor (326) is named. 

2. An administrator is appointed by a court, 
while mii executor is appointed by the deceased 
himself in his will. Their duties are the same. 

12. Administratrix.— Feminine of adminis- 
trator (11). 

13. Admiral. — The chief officer of a fleet. 
The highest rank of naval officers. 

2. There are three grades, viz.. Admiral. Vice 
Admiral and Rear Admiral. 

3. An Admiral is of equal rank with a Gen- 
eral in the army. 

4. The office of Admiral, retired in 1890, was 
revived in 181)9, to compliment Admiral Dewey. 

14. Admiralty Court.— A court that inter- 
prets and applies maritime law (409). 

2. In the United States, there are no special 
Admiralty Courts; here, admiralty jurisdiction 
(15) is vested in the United States District 
Courts, with an appeal to the higher courts. 

15. Admiralty and Maritime Jurisdiction.— Ju- 
risdiction over cases arising on the sea. lakes 
and navigable rivers. 

2. These cases include questions relating to 
ships, crimes committed on theliigh seas, (3ttQ) 
collisions, prizes of Avar (641). maritime con- 
tracts, and questions pertaining to naviga- 
tion generally. 

8. The United States District Court Ims ex- 
clusive original jurisdiction (451. 2) in such 



10 FACTS IN C1VII, GOVERNMENT 

rases, with an appeal to the higher courts. 

1<>. Admission of New States. — New States are 
usually formed by art of Congress, from Ter- 
ritories. 

2. For admission in t < > the Union as a new 
State, there is no definite requirement as to 
population. 

8. When a Territory seeks admission into the 
Union, Congress passes an Enabling Aet (311) 
authorizing the people of the Territory to 
frame and adopt a State constitution in har- 
mony with the United States Constitution. 
When this is done. Congress passes another 
art admitting it. 

4. The enabling act sometimes provides for 
the admission of a new State on proclama- 
tion of the President alone. 

.'). The people of a Territory may frame a 
State constitution before they petition for ad- 
mission as a State, and may be admitted by 
Congress without an enabling act. Several 
Territories have done this. 

<>. No State can be divided into two or 
more new States without the consent of the 
Legislature of the State concerned, find of 
Congress. 

7. No new State can be formed from parts 
of two or more States without the consent 
of such States and of Congress. 

8. Two or more States can not be united to 
form one new State without the consent of 
the States concerned and of Congress. 

9. Of the forty-five States. (1899), thirteen 
were the original States: twenty-six were 



FACTS IN 0IV1L GOVERNMENT 11 

formed from organized Territories; one (Cali- 
fornia) never had a territorial government; 
one (Texas) was annexed, and four (Vermont. 
Maine, Kentucky, and West Virginia) were 
formed from other States. 

17. Affiant. — One who makes an affidavit. 

18. Affidavit.— A statement or declara- 
tion in writing, signed and sworn to before 
an officer authorized to administer oaths. 

2. An affidavit differs from a deposition (276) 
in that the affiant (17 ) is not cross-examined. 

19. Affirmation. — A solemn declaration 
with an appeal to God for the truth of what 
is affirmed, made by one who is conscientiously 
unwilling to take an oath, to which it is 
equivalent in law. 

20. Agent. — A person authorized to act for 
another, called the principal, in dealing with 
third parties. 

21. Albany Regency. — A combination of 
politicians that manipulated the Democratic 
party in New York from 1820 to 1854. Martin 
Van Buren. Wm. L. Marcey and Benjamin F. 
Butler were leading members. 

2. It took its name from its location at Al- 
bany, the State Capital. 

22. Alien. — A foreigner. A subject of a for- 
eign country. One owing allegiance (24) to 
another country. 

2. His rights differ in different States. 

3. In some States he cannot hold real estate. 

4. He can vote in about one-third of the 
States. 

5. He cannot hold office in any State. 

2' 



12 FACTS IN CIVIL GOVERNMENT 

23. Alien and Sedition Laws.— Acts passed by 
Congress in 1798, during' hostile relations with 
France, and expiring 1 by limitation in 1800 and 
1801 respectively. They were bitterly opposed. 

2. The Alien Lh w authorized the President to 
banish any alien whose influence he might con- 
sider dangerous to the country. It was nev- 
er enforced. 

3. The Sedition Law provided fines and im- 
prisonment for those who should speak, write, 
or publish any false or malicious things 
against the President, Congress, or the govern- 
ment. It was enforced in several instances. 

24. Allegiance. — The duty or obligation that 
a subject (778) oavcs to his sovereign (746) or 
government (379). 

25. Alliance. — A union, as between States. 
2. The Constitution forbids States from 

forming any alliances. 

26. Alternate Delegate.— A person selected 
to attend a convention and to act in the place 
of a regular delegate should he be absent. 

27. Ambassador. — The highest rank of for- 
eign representatives of a country (283). 

28. Amnesty.— A general pardon granted by 
the goverment to subjects previously engaged 
in insurrection (426), rebellion (668), etc. 

29. Anarchy. — A total absence of all govern- 
ment and law. 

30. "Another County Heard From."— A 
phrase that originated in 1876, when the presi- 
dential election returns came in very slowly 
from the doubtful States. 

31. Appeal. — The removing of a case from a 



FACTS IN CIVIL GOVERNMENT 18 

lower to a higher court for a rehearing or a 
review. 

2. An appeal carries both the law and the 
facts of the case to the higher court. 

32. Appellant. — One who appeals a case 
from a lower to a higher court. 

33. Appellate Jurisdiction.— The right of a 
court to review cases appealed to it from a 
lower court. 

34. Appellee. — The defendant in an appealed 
case; one whose case is appealed to a higher 
•ourt by his opponent, the appellant (32). 

35. Appointive Office.— An office to be filled 
by appointment. 

36. Appointments, U. S. — All United States 
officers except the President and Vice-Presi- 
dent are appointed in some way. 

2. Senators and Representatives are not 
United States officers, but representatives of 
the States and of the people respectively. 

37. Apportionment of l T . S. Representatives. — 
The assignment of Representatives to the dif- 
ferent States according to population. 

2. A new apportionment is made every ten 
years, and goes into effect the third year after 
the census is taken and continues ten years. 

3. Congress first decides the number of Rep- 
resentatives to be elected. The total popula- 
tion of all the States (the Territories and the 
District of Columbia are not included) is then 
divided by this number. The quotient is the 
ratio of representation. 

4 The population of each State is then di- 
vided by this ratio, and the quotient, exclu- 



14 FACTS EN CIVIL GOVERNMENT 

siveof any remainder, gives it s number of Rep- 
resentatives. 

5. To the States having the largest remain- 
ders. Congress then assigns one additional 
member each, until the number fixed upon is 
obtained. 

<>. The present (1899) ratio of representation 
is 173,901. 

7. The only restriction that the Constitution 
plaees on the number of Representatives is 
that the number must not exceed one for 
every 36,000 inhabitants. 

88. Appurtenance. — Something naturally be- 
longing to, and going with, something else; 
as buildings that belong to the land on 
which they stand. 

39. Arbitration. — The method of settling dis- 
?tween parties by referring the mat- 
ters in controversy to disinterested parties 
chosen by the disputants, for judgment. 

2. Several States provide for courts of arbi- 
tration for those who prefer them to courts 
of law. 

3. Arbitration is becoming a popular meth- 
od of settling disputes between civilized na- 
tions. 

4. Cr-kninal cases can not be settled by arbi- 
tration. 

5. The decision of the arbitrators is called an 
a ward. 

10. Archives, U. S. — The place where the 
original copies of national laws, treaties, and 
public records are kept. The Secretary of 
State has charge of it. 



FACTS IjS CIVIL GOVERNMENT 15 

41. Armed Neutrality, — An alliance formed 

in 1780-82, by most countries of Europe, 
and the United States, to protect themselves 
against British depredations on neutral com- 
merce. 

42. Armistice.— -A temporary suspension of 
hostilities, by mutual agreement, between two 
nations at Avar, or between two armies. A 
truce (820). 

18. Armory. — A place where fire arms are 
stored or manufactured. 

11. Army, — An organized body armed for 
war. 

2. A standing or regular army is a perma- 
nent, organized body of professional soldiers. 

8. Congress can not make appropriations 
for the standing army for longer than two 
years at a time; but it can do so for tliei; 

4. The United States standing army nuhi 
bers 2,179 officers and 25,353 privates; total, 
27.532. 

5. The President is Commander-in-Chief (179) 
of the United States army. 

6. The United States is divided into eight 
military departments or districts. 

7. An army officer can be dismissed only on 
the sentence of a court martial (240). 

8. Army regulations are made by Congress. 
45. Army and Xayy Officers.— Following are 

the army and navy officers of corresponding 
grades, with salaries; 

Army Officers. Nnvy Officers. 

General, retired, $13,5,00, Admiral, $13,000. 
Ljettexant-General, V ice-Admiral, retired, 

retired, $11,000. $9,000, 



16 FACTS IX CIVIL GOVERNMENT 

Major-General, $7,500. Rear Admiral, $6,000. 

Brigadier-General, Commodore, ft 5,000. 

$5,500. 

Colonel, $3,500 to Captain, #+,500. 

$4,500. 

Lieutenant-Colonel, Commander, $3,500 

$3,000 to $4,000. 

Major^ $2,500 to $8,5oo. Lieutenant-Commander, 

$2,800, 

Captain, $1..H(>() to Lieutenant, $2,400 to 

$2,800. $2, GOO. 

First Lieutenant, Master, $1,800 to $2,0 00. 

$1,500 to $2,240. 

Second Lieutenant, Ensign, $1,200 to $1,400. 
$1,400 to $2,100. 

46. Army Divisions and Commands* — Follow- 
ing are the regular divisions of the army; but 
the figures represent averages, and are subject 
to change: 

(1) An army, three corps. 

(2) A corps, three divisions. 

(3) A division, three brigades. 

(4) A brigade,, three regiments. 
{-")) A regiment, three battalions. 

(6) A battalion, three companies. 

(7) A company, one hundred men. 

2. Officers command forces as follows: 
{1) Major General, a corps or division. 
(2) Brigadier General, a brigade or division. 
{S) Colonel, a regiment. 
(4) Major, a battalion. 
(o) Captain, a company. 

8. A Lieutenant-Colonel is a Vice-Colonel; 
that is, he takes the place of his superior 
when the latter is absent. 
4. The Adjutant and Quartermaster rank 

as Lieutenants, and are appointed by the 
Colonel. 



FACTS IN CIVIL CrOV ERNMEN T 1< 

5. The Surgeon ranks as Major. 

6. The Assistant Surgeon and Chaplain 
rank as Captains. 

47. Arraignment. — The act of producing* a 
prisoner before a court to answer to an in- 
dictment or a complaint. 

48. Arrest. — The seizing a person by an offi- 
cer, and detaining him in the custody of the 
law. {Freedom from, 201,14). 

49. Arrest of Judgment-— The staying a judg- 
ment, for legal cause, after the verdict is ren- 
dered. 

50. Arsenal.— A place where war equipments 
are manufactured or stored. 

51. Arson. — The malicious burning of a 
dwelling or other building belonging to 
another. 

2. To burn an inhabited dwelling in the 
night time, is arson in the first degree, and is, 
in some States, punishable by death. 

52. Articles of Confederation. — The first com- 
pact, or constitution, made by the original 
thirteen States for their government. 

2. It was adopted by the Continental Con- 
gress (222), November 15, 1777, and ratified by 
the States March 1, 1781, when it went into ef- 
fect, and remained the supreme law of the 
States until March 4, 1789. 

3. The Articles were thirteen in number. 

4. The principal features of the Articles of 
Confederation may be summed up as follows: 

(1) The unanimous ratification of the 

States wan necessary to make them binding. 

['J) The unanimous vote of the States was 



18 FACTS IX C1VII. GOVERNMENT 

necessary to amend them. Three times, 
amendments were defeated by one State. 

(S) The concurrence of nine States was nec- 
essary in all important measures. 

(-/) Congress consisted of but one House. 

(5) There was no Executive |32S) and no 
Judiciary [\A\)) — only a legislative body. 

( (>) Each State was represented by not fewer 
than two, nor more than seven delegates. 

(7) Congress could appoint a "Committee of 
States" consisting of one delegate from each 
State, to aet when that body was not in ses- 
sion. 

( s) Each State had but onevotein Congress. 
If a State were not represented by at least 
two delegates, or if an even number of its 
delegates voted for and against a question, 
that State lost its vote. 

(9) Each State paid its own delegates. 

(10) All international questions, treaties, 
etc.. were in the hands of Congress. 

(11) The States could impose duties (29G) 
and imposts ( 408). 

(12) Each State retained its independent 
sovereignty. 

(IS) The national revenue was to be raised 
by the several States, the amount being ap- 
portioned among them respectively in propor- 
tion to their wealth\ but no State could 1>e 
compelled to pay its share. 

(14) The Confederation was a league of 
States: not a union of the people. 

(15) Congress could advise, but not enforce 
measures. 



FACTS IN CIVIL. GOYEENMEXT 19 

5. Iii discussing the defects of the Articles 
of Confederation, a writer, as early as 1786, 
well said: "By this political compact, the 
United States in Congress have exclusive pow- 
erfor the following' purposes, without being 
able to execute one of them: 

(2) "They may make and conclude treaties, 
but can only recommend the observance of 
them. 

(2) "They may appoint ambassadors (27), 
but can not defray even the expenses of their 
tables. 

(3) "They may borrow money in their own 
name on the faith of the Union, but can not 
pay a dollar. 

(4) "They may coin money, but can not 
buy an ounce of bullion. 

(.5) "They may make war, and determine 
what number of troops are necessary, but 
they can not raise a single soldier. 

(6) "In short, they may declare everything, 
but do nothing.'' 

f>. "They were a rope of sand which could 
bind no one." — Wilson's The State, p. 471. 

7. To the patent weakness of the Articles 
of Confederation , we owe the wonderful 
strength of our Constitution. 

53. Artificial or Ficticious Person. — A cor- 
poration (282) or body politic (94), as dis- 
tinguished from a natural person. 

54. Artillery. — The soldiers that manipulate 
cannon and other heavy guns. Heavy arms. 

55. Assessments, Political. — Contributions 
levied upon candidates and office holders by 



20 FACTS IN CIVIL GOVERNMENT 

committees to defray campaign expenses. 

56. Assessor. — One who lists persons and the 
value of property for the purpose of taxation. 

57. Assignee. — (a) A person to whom the 
property of a bankrupt is transferred for the 
benefit of his creditors. 

( b) One to whom a note, bond, lease, or oth- 
er interest is transferred by writing". 

58. Assignment, — (a) The transfer of a bank- 
rupt's property to an assignee (57) for the 
benefit of creditors. 

( b ) The transfer of any title or interest in 
property to another by writing. 

59. Assignor. — One who makes an assign- 
ment (58). 

60. Attachment. — A writ ordering an officer- 
to take the property of a debtor into custody 
pending the hearing of a case, when such a 
course is necessary to keep the creditors from 
being defrauded. 

61. Attainder. — The extinction of the civil 
rights and privileges of a person, and the con- 
fiscation (200) of his property to the govern- 
ment. (Bill of, 80). 

62. Attorney. —One legally appointed to act 
for another, is an attorney in fact. 

2. One skilled in law who acts for clients in 
legal matters, is an attorney-at-law. 

68. Auditor. — A person who adjusts and ex- 
amines into the validity and correctness of 
accounts. 

2. There are six auditors of the United 
States Treasury. 

64, Australian Ballot System. — A system of 



FACTS IN CIVIL GOVERNMENT 21 

voting- that provides booths at each voting- 
place, in which all voters prepare their ballots 
in secret. 

2. The ballots are printed at public expense, 
and distributed by sworn officers. 

3. All ballots must be accounted for, and 
none must be taken from the voting room. 

4. If a ballot is spoiled in marking, it must 
be returned to the officers before another can 
be obtained from the clerk. 

5. Except the election officers, no person is 
permitted to approach within a certain dis- 
tance of the polls, except to vote. 

6. Two forms of ballots are used; namely, 
the "blanket ballot" and the "individual bal- 
lot." 

7. The blanket ballot contains, on one sheet, 
the names of all the candidates regularly nom- 
inated by all parties, and the voter indicates 
his choice by marking as required by the law 
of the State in which he votes. This form of 
ballot is generally used. 

8. The individual ballot system provides a 
a separate ticket for each party. This form 
of ballot is used in New York. 

9. None but official ballots must be used. 

10. Sworn officers aid the blind, the sick and 
the maimed, to prepare their ballots. 

11. There are two methods of arranging the 
names of candidates on the ticket — 

(a) The Australian method arranges the 
names of all candidates for a given office al- 
phabetically in one group, with or without 
their party connections being given. 



Tl FACTS IN CIVIL GOVERNMENT 

(b) The other method groups all offices 

and names of candidates })v parties. 

12. The system was originated by Francis S. 
Putton, in South Australia, in 1857. 

IS. It was introduced in the United States 
(Massachusetts) in 1888. 

14. It is now used generally throughout the 
United States, Europe, and Canada. 

6o. Autocrat. — An absolute ruler; a despot. 

66. Autonomy. — Political independence; the 
power or right of a nation, state, city or oth- 
er body, to govern itself. 

67. Bail — (a) Security for the appearance of 
a prisoner in court for trial, given for the 
purpose of securing his release. 

( b ) The person or persona who go on the pris- 
oner's bond. The bondsmen may have the 
prisoner re-arrested in any State or at any 
time. 

2. Excessive bail is prohibited by the Consti- 
tution. 

68. Balance of Power. — An adjustment of 
power by which a nation, state, or party, is 
able to control the relations between other 
nations, states, or parties. 

69. Balance of Trade.— The difference be- 
tween the money value of the exports and im- 
ports of a country. 

70. Ballot. — (h) A written or printed ticket 
or other device used to enable one to vote se- 
cretly. 

( h) The act of voting by ballot. 

(c) The whole number of votes cast in an 
election. 



FACTS IN CIVIL GOVERNMENT 23 

71. Ballot Box.— A box in which votes are 
deposited at the polls. 

72. Bank of the United States. — The first 
charter was issued in 1791 and expired in 1811. 

2. The second charter extended from 1816 to 
1836. 

3. A bill to re-charter the bank a second 
time was passed by Congress in 1832, but was 
vetoed by President Jackson. 

73. Bankrupt Law.— A law that releases a 
bankrupt or a debtor who can not pay his 
debts, from all obligations, on giving- up all 
his property (except what is legally exempted ) , 
to be distributed among his creditors. 

2. The Constitution gives Congress power to 
establish uniform bankrupt laws. 

3. Such laws have been in force as follows: 
1800-1803, 1841-1843, 1867-1878, and the present 
law of 1898. 

4. When Congress fails to provide such a law, 
the States may do so, but their laws must 
yield to the acts of Congress when passed. 

5. The U. S. District Courts, the Supreme 
Court of the District of Columbia, the District 
Courts of the Territories, and the U. S. Courts 
of Indian Territory and Alaska, are designa- 
ted as Courts of Bankruptcy, with appeal 
through the higher courts to the United 
States Supreme Court. 

6. A bankrupt is entitled to the benefit of the 
exemption allowed by his State. 

74. Bar'l (barrel). — A slang expression re- 
ferring to the money used by a candidate in a 
campaign. 



24 FACTS IN CIVIL GOVERNMENT 

75. Barter.— A trade; a mere exchange of 
goods. 

76. Belligerent. — A nation actually waging' 
war against another nation. 

77. Bicameral. — Having two branches; as 
onr bicameral Congress and Legislatures. 

78. Bigamy.— The offense of marrying a see- 
on d wife or husband while a first legal wife or 
husband is still living. 

79. Bill. — A form or draft of a proposed law 
submitted to a legislative body for enact- 
ment, but not yet made law. 

2. A bill has three parts— 

(1) The title, 

(2) The enacting clause (312), 

(3) The body of the bill. 

o. All revenue bills (696) must originate in 
the House of Representatives, but the Senate 
may propose and concur in amendments. 

4. In some, but not in all States, also, reve- 
nue bills must originate in the House. 

5. Any other bill may originate in either 
house. 

6. A bill may become a law by passing both 
houses of Congress and then — 

(7) Being signed by the President, or 

(2) Not being returned by the President 
within ten days (Sundays excepted) unless 
Congress adjourn earlier, or 

(3) Being passed by a two-thirds vote over 
his veto. 

7. A bill may fail 

(2) To pass the House, or 
(2) To pass the Senate, or 



FACTS IN CIVIL GOVERNMENT 25 

(5) To be signed by the President, or 
{4) To be held ten days by him, Congress ad- 
journing sooner, or 

(5) To be passed over his veto. 

8. A majority vote is necessary to pass a bill. 

9. A bill may be introduced — 
(1 )By a member; 

(2) By a committee; or 

(3) By the house. 

10. When introduced, a bill is referred to a 
committee for critical consideration, which 
committee returns it with or without recom- 
mendation as to its enactment. 

11. A bill must be read three times in each 
house, on three different days, except by unan- 
imous consent, when it can be disposed of at 
once. 

12. A bill may be read in three ways: 

(1) By reading the title, 

(2) By reading the enacting clause (312) or 
(3) By reading the entire bill, section by sec- 
tion. 

13. A bill is read the first time for informa- 
tion; on the second reading, it is discussed and 
amended, and on the third reading it is pass- 
ed or rejected. 

14. No amendments, except to fill blanks, 
are in order on the third reading, without 
unanimous consent. 

15. Before a bill is passed on the third read- 
ing, it is engrossed, or copied in a plain hand 
with all its amendments, on parchment. 

16. When a bill passes one house, it is sent to 
the other, where it is acted upon as if it *were 



26 FACTS IN CIVIL GOVERNMENT 

an original bill; and when thus acted upon, 
it is sent back to the house where it orig- 
inated. 

17. When a bill is passed in both houses, the 
Clerk of the house in which it originated, de- 
livers it to the Executive (323) for his signa- 
ture, except in States where the Governor has 
no veto power ( 835,4 ) , when it becomes a law. 

80. Bill of Attainder.— A special legislative 
act inflicting death, without due process of 
law, upon persons supposed to be guilty of 
high crimes. 

2. Congress and the States are prohibited by 
the Constitution, from passing any bill of 
attainder, which is held to include also the 
Bill of Pains and Penalties (83). 

81. Bills of Credit.— Paper money; as U. S 
Treasury notes, or paper obligations issued 
by a State on its own faith and credit, and de- 
signed to circulate as ordinary money. 

2. States are prohibited from issuing bills 
of credit. 

8. State bonds and bank notes are not bills 
of credit. 

4. Until 1863, State banks were chartered, 
which issued paper money that people 
could accept or reject as they chose; but the 
government has taxed these bills out of ex- 
istence. 

82. Bill of Indictment. — A written accusa- 
tion against a party, regularly drawn up by 
the prosecuting officer, and presented to the 
grand jury (383) for investigation. 

83. Bill of Pains and Penalties. — The same 



FACTS IN CIVIL GOVERNMENT 27 

as bill of attainder (80), except that the pun- 
ishment is lens than death. 

84. Bill of Rights.— A formal declaration of 
rights and privileges reserved to the people. 

2. The first ten Amendments to the Consti- 
tution constitute our American Bill of Rights. 

3. In general, our Bill of Rights guarantees 
to the people: 

(7) Religious freedom; 
{2) Freedom of speech; 

(3) Freedom of the press; 

(4) The right of assembly and petition; 
(J) The right to keep and bear arms; 

((')) Exemption from quartering soldiers; 

(7) Security from unlawful search and 
seizure; 

(8) Security in life, liberty and property: 
(.9) Impartial justice and a speedy public 

trial by jury. 

(10) Exemption from excessive bail and 
from cruel and unusual punishment. 

4. Except in the army and naAW and dur- 
ing war, a person can not be tried for a crime 
except on indictment. 

5. A person can not be put in jeopardy for 
the same crime twice, and he must be inform- 
ed of the accusation against him. He need 
not testify against himself. He must be sup- 
plied with counsel, and his witnesses must be 
compelled to attend and testify. 

6. In civil suits for more than twenty dol- 
lars, a jury may be demanded. 

7. The Government can not take private 
property without paying for it. 
3 



2$ FACTS IN CIVIL. GOVERNMENT 

8. The American Bill of Rights is derived main- 
ly from the following- English documents: the 
Magna Charta, 1215; the Petition of Rights, 
1628; the Habeas Corpus Act, 1679; and 
The Bill of Rights, 1689. 

85. Bill of Sale. — A written instrument form- 
ally conveying the ownership of personal 
property from one person to another where 
possession is not taken at the time by the 
purchaser. 

86. Bimetallism. — The legalized use of gold 
and silver an money-standards of a country, 
with a fixed legal relative value for the met- 
als. 

87. Black Codes. — A phrase applied by the 
North to severe laws enacted by the seceded 
States, oppressing the negroes after they had 
been freed. 

88. Blockade. — The closing of an enemy's 
port by armed vessels, in time of war, in or- 
der to make it impossible for the enemy, and 
unlawful for neutrals, to enter or depart 
therefrom, the purpose being to cut off all 
supplies and correspondence, with a view to 
compel the surrender of the place. 

2. In order to make a blockade lawful and 
binding on neutrals, according to interna- 
tional law — 

(1) War must actually exist, though not 
necessarily formally declared; the blockade 
may be the first act of war. 

(2) Neutrals must have knowledge of the 
blockade either by formal notice or by the 
general notority of the fact. 



FACTS IN CIVIL GOVERNMENT 29 

('{) The blockade must he sustained by 
sufficient force to make it impossible or dan- 
gerous to enter or to leave the port. 

3. Neutral vessels in the port at the time the 
blockade is declared, may leave; but only 
with such cargoes as they already have on 
board, 

4. If a port be blockaded by sea only, neu- 
trals may lawfully carry on trade with the 
port by land. 

5. Blockade runners, neutral vessels attempt- 
ing to pass the blockade, may be seized, with 
their cargoes, condemned in a prize court (642) 

and confiscated (200). 

6. When the blockade is ended, it is said to 
be raised. 

7. If the blockading vessels be temporarily 
carried away by a storm, the fact does not 
serve to raise the blockade. 

8. A paper blockade is one that is merely or- 
dered or proclaimed, but which is not and can 
not be made effective. 

89. Bloody Bill. — The name applied in South 
Carolina, to an act passed by Congress March 
-2, 1833, to enforce the tariff of 1828 and 1832, 
which that State had declared null and void. 
Sometimes it is called the Force Bill (354). 

90. Bloody Shirt, To Wave the.— To revive 
memories of the Civil War by impassioned al- 
lusions for political purposes. 

91. Blue Laws. — A code of absurdly severe 
laws erroneously supposed by some to have 
been introduced in New Haven, Connecticut, 
in 1644. Rev. Samuel Peters first wrote them. 



•JO FACTS FN CIVIL GOVERNMENT 

in his satirical*" History of Connecticut". 

92. Board of Aldermen. — The upper branch 
of a city council, the lower branch being the 
Common Council. 

2. In some cities, the Board of Aldermen or 
the Council alone, constitutes the legislative 
body. 

93. Body of Liberties.— A code of 100 funda- 
mental laws established by the Massachusetts 
Colony in 1641 — the first written laws of 
the Colony. 

94. Body Politic. — An entire nation or state 
considered as a political organization. 

95. Bolter; — One who refuses to support a 
regular candidate or a measure of his party. 

96. Bond. — A written obligation under seal 
(a) To pay a certain sum of money on or 

before a certain time, for a valuable consider- 
ation, or 

(b) To pay a certain sum in case of the per- 
formance or non-performance of a certain spec- 
ified act as agreed, but not otherwise; as offi- 
cial bonds, etc. 

97. Bond, U. S.— A written obligation of the 
government to repay borrowed money at or 
before a fixed time. Bonds are of two kinds: 

2. Registered bonds, — each bond and the 
name of its owner is registered in the United 
States Treasury, thus providing against loss 
by theft, and 

8. Coupon bonds, which are not registered, 
but have interest. coupons attached to them. 

4. United States bonds are not taxed. 

98. Boodle.— Money or some commodity (us- 



FACTS IN CIVIL GOVERNMENT 31 

ually liquor) given for votes or influence in a 
political campaign (118) . 

99. Boodler. — A person who sells his vote or 
political influence for money or other valua- 
ble consideration — and then usually sells out 
to the other fellow. 

100. Booth. — A temporary stall into which 
voters go to prepare their ballots in secret. 

101. Booty. — The goods of an enemy captur- 
ed on land in time of war. 

2. Booty belongs to the government and 
not to the soldiers who capture it. 

102. Borough. — An incorporated town or 
village, with some of the powers of a city. 

2. Th^termis still used in Connecticut, Penn- 
sylvania, New Jersey and Minnesota. 

103. Bounty.— A premium offered (a) to in- 
duce persons to enlist in the army, or (/>)to en- 
courage some industry. 

104. Bounty Jumper. — One who enlisted in 
the Federal army towards the close of the 
Civil War, for the purpose of obtaining the 
bounty, and then deserted. 

105. Bribery.— The act of influencing voters 
at elections, or of influencing the official acts 
of public officers, by means of money or oth- 
er reward. 

106. Brother Jonathan.— A name applied to 
all the people of the United States. 

2. It originated from Washington's refer- 
ence to Jonathan Trumbull, Govenor of Con- 
necticut, as " Brother Jonathan." 

107. Buccaneer. — A sea robber; a pirate. 

108. Bulldozing. — A term applied to the in- 



32 PACTS IN C&VJX. GOVERNMENT 

timid ation of negroes in the South. 

109. Buncombe or Bunkum. — Flattering* talk 
made for effect, for mere show or popularity, 
or to gain any selfish end. 

110. Burden of Proof. — The obligation to 
prove one's side in a controversy. The bur- 
den of proof rests on the affirmative. 

111. Bureau.— A sub-department under the 
control of one of the general departments of 
government (824); as the Census Bureau, the 
Pension Bureau, etc. 

2. Some of the departments are divided into 
a number of bureaus, under the control of a 
chief officer. 

112. Bureaucracy. — A government like 
France, administered by independent depart- 
ments or bureaus, as distinguished from 
one carried on by associated departments 
like our own (137,2). 

113. Burglary. — The unlawful breaking and 
entering the dwelling house of another in the 
night time, with intent to commit crime. 

2. Burglary constitutes a felony; the pun- 
ishment varies in the different States. 

114. By-Laws. — Subordinate laws in addition 
to the constitution of a society or corpora- 
tion, regulating the affairs of the body. 

2. A by-law differs from a constitutional 
law in that the former may usually be tem- 
porarily suspended, while the latter can only 
be affected by formally amending the consti- 
tution itself. 

115. Cabal. — An association of persons se- 
cretly organized to attain some disreputable 



FACTS IN CIVIL GOVERNMENT 33 

private ends by intrigue. 

116. Cabinet. — The advisory council of the 
President. 

2. It consists of the heads of the Executive 
Departments (324), to- wit: 

(i) The Secretary of State, 

(2) The Secretary of the Treasury, 

(3) The Secretary of War, 

(4) The Attorney General, 

(5) The Post Master General, 

(6) The Secretary of the Navy, 

( 7) The Secretary of the Interior and 

(8) The Secretary of Agriculture. 

3. The salary of a Cabinet officer is $8,000 
per year. 

4. The President may require the written 
opinion of any Cabinet officer on any ques- 
tion pertaining to his office. 

5. According to a custom established by 
President Washington, the President may at 
any time call his Cabinet together for consul- 
tation; but there is no legal provision for 
such meetings. 

6. The Cabinet possesses no legal power as 
a body; it is merely an advisory council. 

7. The- Cabinet meetings are secret and their 
proceedings are not recorded. 

8. The President is not bound to regard the 
opinions of his Cabinet. 

9. The Cabinet officers are appointed by the 
President, and confirmed by the Senate. 

10. The first Cabinet consisted of but four 
members; viz., Thomas Jefferson, Secretary 
of State; Alexander Hamilton, Secretary of 



84 FACTS IN CIVIL. GOVERNMENT 

the Treasury; Gen. Henry Knox, Secretary of 
War; and Edmund Randolph, Attorney Gen- 
eral. 

117. Cadet. — A person training- for military 
or naval service; as students at West Point 
an 1 at Annapolis. 

IIS. Campaign. — (a) The struggle between 

political parties immediately preceding* an 

election, in which votes are sought to be won. 

(/>} A distinctly connected series of military 

operations forming a fixed period in war. 

119. Candidate. — One who puts himself for- 
ward as an aspirant, or is nominated by oth- 
ers, for some office or position. 

120. Canvassing Votes. — The act of examin- 
ing and counting votes, and of certifying the 
number received by each candidate. 

121. Capias (Thou mn.vst tnke). — A writ is- 
suing from a court commanding an officer to 
arrest a person named therein, that he may 
answer a plaintiff, answer to a judgment al- 
ready pronounced against him, or to an in- 
dictment; or that he may give testimony. 

122. Capital.— The city in which the seat of 
government is located. 

123. Capital Offense. — A crime punishable 
by death, as treason, piracy, murder, arson 
in the first degree (51,2), etc. 

124. Capital Punishment. — Punishment by 
death. 

125. Capital, U. S. — Washington, on the Po- 
tomac River, in the District of Columbia 
(797,18). 

2. It is under the exclusive control of Con- 



FACTS IN CIVIL GOYKBNMENT 35 

gress. 

3. The site was selected in 1790, and became 
the capital in 1800. 

4. It was captured by the British and burned 
in 1814. 

5. The idea of having* a capital city under 
direct government control is distinctively 
American. 

126. Capitol.— A state house. The building 
in which Congress or a State Legislature 
holds its sessions. 

127. Capitulation. — (a) The act of surrender- 
ing to an enemy on certain prescribed condi- 
tions. 

(/?) The instrument setting forth the terms 
of a surrender. 

2. The "honors of war" or the privilege of 
marching out with drums beating and with 
colors flying is sometimes accorded to the 
conquered. 

128. Capitation Tax.— A poll tax (618). 

129. Cartel. — An agreement between bellig- 
erents for the exchange of prisoners of Avar. 

130. Cartel Ship.— A ship used to convey 
exchanged prisoners, or to carry propositions 
to the enemy. 

131. Castes. — The four hereditary classes of 
society in India, each with its own occupation 
or profession, to be born in one of which is 
to remain in it, with no possibility of rising 
in the social world. 

132. Casting Tote. — The vote by which a pre- 
siding officer decides a question when there is 
a tie vote (807). 



36 FACTS IN CIVIL GOVERNMENT 

133. Caucus. — (a) A preliminary meeting of 
members of the same political party to nom- 
inate candidates for local offices, to decide on 
party measures, to select delegates to conven- 
tions, etc. A primary (638). 

(/>) A secret meeting of legislators to nomi- 
nate party candidates or to decide upon par- 
ty measures. 

134. Cavalry. — A body of soldiers mounted 
on horse back. 

135. Caveat.— A descriptive notice of an inven- 
tion intended to be patented, filed in the pat- 
ent office before a formal application is made 
for a patent right (581). 

. 2. It prevents the granting of a patent to 
another for the described invention during 
the life of the caveat. 

3. It guarantees to the inventor time to 
mature his invention. 

4. It must be limited to a single invention 
or improvement. 

5. It operates for one year but may be re- 
newed. 

6. The fee is $10. 

136. Census. — An official numbering of the 
whole people, together with the collecting of 
various general statistics. 

2. The first United States census was tak- 
en in 1790, which showed an enumeration of 
3,929,827. It was the first systematic census 
taken in the world. 

3. The census is taken every ten years — ev- 
ery year ending with a cipher. 

4. The census serves as a basis for appor- 



FACTS IN CIVIL. GOVERNMENT 37 

tioning Representatives (37). 

5. It is taken under the direction of the 
Interior Department (324,7). 

6. A Superintendent of Census is appoint- 
ed at f 5,000 per year, to supervise the taking' 
of each particular census. 

7. The whole country is divided into small 
census districts, and census enumerators are 
appointed to take the census in their respect- 
ive districts at the same time. 

137. Centralization.— The vesting of great 
power in the general government, as opposed 
to extensive local self-government. 

2. Thus, France is divided into eighty-nine 
departments, all governed exactly alike, with 
headquarters at Paris. {Bureaucracy, 112). 

138. Certificates, Gold and Silver.— Bills or 
certificates issued by the government to those 
depositing gold or silver to the amount of five 
dollars or more, in the U. S. Treasury. 

2. They pass as money, but are not legal 
tender, and are redeemable in the coin they 
call for, on demand. 

139. Certiorari.— A writ issuing from a super- 
ior court to an inferior court, commanding 
the transfer to the former, of a cause pending 
in the latter; or demanding the record of a 
case adjusted in the lower court, to be re 
viewed by the superior court. 

2. The writ may be issued on tlfe applica- 
tion of either the plaintiff or the defendant. 

3. Its object is the more certain and speedy 
justice to the aggrieved. 

140. Challenging Totes.— The formal object- 



38 FACTS IN CIVIL GOVERNMENT 

ing. at the polls, to the permitting of particu- 
lar persons to vote, on the ground that they 
are illegal voters. 

2. A person challenged may not vote until 
the challenge is withdrawn or his right to 
vote is proven to the satisfaction of the elec- 
tion officers. 

141. Charter. — A formal grant of certain 
rights, powers and privileges, duly executed 
in writing, made by the sovereign power of a 
state or country, to all the people or to a cer- 
tain portion of them.. 

2. Also, a legislative act creating municipal 
or other corporations, setting forth their 
powers and privileges. 

3. One of the colonial forms of government 
(174). 

4. A charter differs from a constitution in 
that the former is granted by a higher power, 
while the latter is established by the people. 

142. Chattel.— Personal property. 

143. Check. — A written order on a bank for 
the immediate payment of money on deposit 
to the credit of the signer. 

2. A certified check is one indorsed by the 
cashier as "Gootf," for the payment of which 
the bank becomes responsible. 

144. Chivalry.— (1000-1500). A military order 
composed of mounted, armed knights, pledged 
to the defense of the church and of the weak 
and oppressed in feudal times (345). 

145. Circuit Court of Appeals, U. S.— The sec- 
ond grade of Federal Courts. 

2. Congress established this court in 1891 — 



FACTS IN CIVIL GOVERNMENT 39 

one in each of the nine Federal Circuits. 

3. An additional Judge was appointed in 
each Circuit. 

4. This court is held by a Justice of the Su- 
preme Court and the two Circuit Judges. If 
either of these be absent, any District Judge 
within the circuit may act in his stead. 

5. This court has only appellate jurclict ions, 
hearing all cases appealed from the Circuit 
and District Courts, except those cases that 
by law are appealed directly to the Supreme 
Court. 

6. Its officers are a Marshall and a Clerk, 
both of whom it appoints. 

7. It has no juries. 

8. Only certain important classes of cases 
may be appealed from this court to the Su- 
preme Court. 

146. Circuit Court, U. S.— The third grade 
of Federal Courts. 

2. The entire Union, exclusive of the Terri- 
tories, is divided into nine Judicial Federal 
Circuits. 

3. Each Circuit comprises several States. 

4. The Supreme Court assigns one of its nine 
Justices to each of the nine Federal Circuits, 
where he is required by law to hold court at 
least once in every two years. 

5. Besides the Supreme Judge assigned to 
the circuit, the President appoints two Cir- 
cuit Judges for each circuit. 

6. The Circuit Court may be held by a Su- 
preme Judge, a Circuit Judge, a District 
Judge, or any two of them, or all three to- 



40 FACTS IX (1VII, UOVEKNMEXT 

gether. 

7. Tlie Circuit Cotirt has — 

(/) Original jurisdiction in civil cases when 
the amount in controversy is $2,000 or more 
and an alien is a party or the suit is between 
citizens of different States: where the 
United States are petitioners, or any officer 
thereof is plaintiff. 

(i?) Original jurisdiction in cases under the 
copyright, patent, and revenue laws. 

(S) Unlimited jurisdiction in Federal crim- 
inal cases, such as counterfeiting-, etc. 

(4) Exclusive jurisdiction in capital offenses 
against the United States. 

8. Since the establishment of the Circuit 
Court of Appeals (145), the Circuit Court has 
no appellate jurisdiction (33). 
0. It has a grand and a trial jury. 

10. It holds two sessions a year in each State. 

11. Each Circuit Judge appoints as many 
commissioners (184) in his circuit as he deems 
necessary. 

12. The court officers are Judge, District At- 
torney (286,7), Marshal (501), and a Clerk who 
is appointed by the court. 

147. Citizen, — "All persons born or natural- 
ized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside." 

2. Men, women, and children are citizens. 

3. Chinese can not become naturalized. 

4. Indians not taxed are not citizens. They 
may be made citizens (544,10). 

5. A citizen is not necessarily a voter, but 



FACTS IN CIVIL GOVERNMENT 41 

all citizens have civil rights ( 158 ) . 

6. ' 'The right of citizens of the United States 
to vote, shall not be denied or abridged by the 
United States, or by any State, on account of 
race, color, or previous condition of servi- 
tude." 

7. But a State may name any other qualifi- 
cation for voting. 

8. But if any male citizens, being 21 years 
of age, are denied the right to vote, by any 
State, except for rebellion or other crime, the 
number of Representatives of such State is re- 
duced in the ratio that the number of such 
citizens bears to the whole number of male cit- 
izens 21 years of age in the State. 

9. A person may be a citizen of the United 
States without being a citizen of a State — he 
may be a citizen of a Territory. 

148, City, Town, Village. — A city is a limited 
territory very densely populated, exercising 
the right of local government, with special 
privileges under a charter from the State. 

2. In some States, 1,000 inhabitants may 
obtain a city charter; in other States, 10,000; 
in Massachusetts, it requires 12,000. 

3. A city is incorporated in order that it 
may provide for a fire department, water 
works, pavements, an organized police, etc. 

4. In some States, the Legislature grants 
special charters; in others, cities are incor- 
porated under general laws. 

5. Every city has a mayor, a board of alder- 
men (92) or council, a treasurer, a clerk or 
recorder, a police force, a board of education, 



42 FACTS IX CIVIL GOVERNMENT 

a city attorney and other minor officers. 

6. Town and Village, in most States, are syn- 
onymous terms meaning- a smaller collection 
of dwellings than is required for a city, which 
town or village may, or may not, be incorpo- 
rated; while a city is always incorporated. 

7. In New England, the word town means 
the same as township or district in other 
States. (163,2). 

\\\), Civics. —The science of civil govern- 
ment (158). 

150. Civil. — From the Latin civis, meaning 
citizen; hence, pertaining to a citizen in his re- 
lations to other citizens or to the state. 

15 1. Civil Action, or Suit.— An action brought 
to recover, enforce or protect a private right, 
or to prevent or redress a private wrong. 

152. Civil Death.— The being deprived of civ- 
il rights and debarred from civil society by 
banishment, outlawry (571), etc. 

153. Civil Government. — The power by which 
a state controls its citizens in their relations 
to each other and to the state. 

154. Civil Law.— The law of the ancient 
Romans. 

2. In Louisiana it takes the place of the 
common law (189), which prevails in all the 
other states, in cases not regulated by Stat- 
ute law(770). 

3. Civil law is sometimes used to denote 
the law governing* civil suits, as opposed to 
criminal law. 

155. Civil Liberty.— Freedom to do as one 
pleases, subject to law. 



FACTS IX OTVJKL GOYfeLJSJkiKKT 43 

156. Civil Offense,— An offense against an 
individual or certain individuals, as distin- 
guished from a crime, which is an offense 
against the public. 

1*57. Civil Office.— Any oilice not military, 
created by Congress, 

2. No Congressman may, during the time for 
which he is elected, hold such an office if it 
be created during such time, but he may do 
so after his term expires. 

3. He may hold a military office thus creat- 
ed. 

15#.— Civil Right.— The right to enjoy a nat- 
ural right (545) subject to taw. 

159. Civil Eights Bill. — An act passed by Con- 
gress April 9, 1866, over President Johnson's 
veto, making freedmen (865) citizens of the 
United States, violations under it to be con- 
sidered by the Federal Courts alone. 

2. It did not give them the right to vote. 
This right was conferred upon them later by 
the fifteenth Amendment to the Constitution. 

160. Civil Service.— The whole body of offi- 
cials appointed by the President and his sub- 
ordinates, excepting the army and navy, to 
aid in carry ing on the work of the government. 

2. These number about 120,000. 

161. Civil Service Commission. — A commis- 
sion of three persons, not more than two of 
the same political faith, appointed by the Pres- 
ident, with the consent of the Senate, to super- 
vise examinations and to carry out the pro- 
visions of the Civil Service Act (162). 

162. Civil Service Reform,— A system based 

4 



4£ FACTS IN CIVIL GOVERNMENT 

on the Civil Service Act of 1883, which makes 
ability as ascertained in competitive examin- 
ations, and not party politics as nnder the 
"Spoils System'' (752), the test for appoint- 
ment to certain inferior offices in the Civil Ser- 
vice (161). 

2. The President is authorized to extend the 
civil service rule to offices not now included 
under it. 

3. The act prohibits assessing Federal offi- 
cers for political purposes, and it also prohib- 
its Federal officers from engaging in active 
party service. 

4. The President is not compelled to carry 
out the act. 

163. Civil Unit or Civil District. —The district, 
or small political division in which the people 
exercise the minor judicial and executive 
functions of government directly. 

2. In different States, the civil unit is known 
by different names; as the Magisterial District, 
of West Virginia and Virginia; the Hundred, 
of Delaware; the Township, of Ohio and 
many other States; the Civil District, of Ten- 
nessee, etc. 

3. Each county comprises several civil units. 

164. Civil War. — A war between sections or 
parties of the same country. 

165. Clearance. — A certificate permitting a 
vessel to sail from port (621). 

166. Clearing House. — A n establishment 
where banks exchange their obligations and 
settle accounts between each other. 

2. Every large city has a clearing house. 



FACTS IN OIVIE GOVERNMENT 45 

167. Club Law.— Government by violence 
or force; anarchy (29); lynch law (488). 

168. Coast Trade.— The trade or commerce 
carried on between ports of the same country. 

169. Cobden Club.— The great free-trade or- 
ganization of England. 

2. It derives its name from Richard Cobden, 
the great English free-trade champion. 

170. Codicil. — A supplementary clause 
added to a will (852). 

2. It must be executed with the same form- 
ality as the will itself. 

171. Collector of Customs.— An officer ap- 
pointed by the President to collect duties ( 296) 
on imported goods, at a customhouse (253). 

172. Collusion. — A secret agreement between 
two or more persons to defraud some one. 

173. Colonial Courts.— In the colonies, the 
system of courts, in general, was as follows, 
after the English plan: 

1. The Petty Sessions, where a justice of the 
peace held court alone to try minor civil and 
criminal cases. 

2. The Quarter Sessions, a court composed 
of all the justices of the peace of the county. 
It met quarterly to try cases appealed from 
the Petty Sessions. 

3. The Highest Court, composed of the gov- 
ernor and his council, or of judges appointed 
by the governor. 

174. Colonial Forms of Government.— The 
forms of government in the thirteen original 
colonies were as follows: 

(1) Royal or Provincial — A government ad- 



4<) facts in civil government 

ministered by the king through a governor ap- 
pointed by him. — New York, New Hampshire, 
Virginia, Georgia, New Jersey and the Caroli- 
nas. 

{2) ( tarter. — A government in which the col- 
onists governed under a charter from the king, 
granting them certain political rights and 
privileges. — Connecticut Massachusetts, and 
Rhode Island. 

( •?) Proprieta rv. — A g-< > vernment by a propri- 
etor. — Pennsylvania, Maryland and Delaware. 

2. In each case, the sovereignty of the Grown 
was maintained. 

3. The Plymouth Colony acted independent 
of any power. 

4. The London Company was a commercial 
corporation. 

175. Colonization, Politic a L— Fraudulently 
transferring voters from districts in which they 
are not needed, into doubtful districts, just 
before an election, in order that they may vote 
and thereby change the result of the election 
in the doubtful districts. 

176. Colony. — A company of people living 
together in a foreign country and remaining 
subject to the government of the mother coun- 
try. 

177. Columbia-. — A political name applied to 
the United States in honor of Columbus. 

178. Comity of Nations. — The international 
courtesy by which one nation, within its ter- 
ritory or in its courts, recognizes, respects 
and makes effective the laws and peculiar in- 
stitutions of another nation. 



FACTS IN CIVIL GOVERNMENT 47 

179. Commander-in-Chief.— The President is 
Commander-in-Chief of the army and navy of 
the United States, and of the State militia 
(514) when in the Federal service. 

2. He may command in person, or he may, 
and usually does, appoint officers to command. 

3. The Governor is Commander-in-Chief of 
the State miltia when not in the Federal 
service. 

180. Commerce. — Trade; exchange of com- 
modities. 

2. A State can affect commerce only as follows: 

(1) Commerce wholly within the State. 

(2) By levying uniform duties with the con- 
sent of Congress (201). 

(3) By inspection laws. 

3. Congress regulates commerce with foreign 
nations, with the Indian tribes, and aniong 
the several States. 

181. Commercial Law. — The rules and usages 
that regulate commercial transactions be- 
tween merchants and traders generally. 

2. It is derived from maritime and internation- 
al law, and the customs of merchants. 

182. Commercial Paper. — Negotiable paper 
given in the transaction of business, as notes, 
bank checks, etc. 

183. Commission. — (a) A written certificate 
of appointment to office or position given by 
the proper authority. 

-(b) A person or persons appointed to per- 
form certain duties; as the Electoral Commis- 
sion (302). 

184. Commissioner, U. S. — An officer whose 



48 FACTS IN CIVIL GOVERNMENT 

duty it is to cause the arrest of persons 
charged with crime against the United States, 
to hold them for trial, and to assist the 
United States Circuit and District Courts in 
taking evidence in Federal cases. 
. 2. The Circuit Court Judges appoint as 
many Commissioners in their respective cir- 
cuits as they may deem necessary. 

3. Congress provides bylaw, that any State 
or Federal Judge, or a magistrate, may per- 
form the duties of Commissioner. 

185. Commissary, — The army officer who 
provides food for the soldiers. 

186. Commit. — (a) To imprison. 

(/?) To refer; as to refer a bill to a commit- 
tee for examination and report. 

187. Committee. — One or more persons elect- 
ed or appointed from a body of men, to, 
whom matters are referred for action or crit- 
ical examination and report. 

2. The first person named on a committee 
is usually the chairman. 

3. The object in selecting committees is to 
dispatch business. 

4. .In legislative bodies, bills are almost in- 
variably referred to committees before being 
considered by the houses. 

5. The United States Senate elects its com- 
mittees; in the House, the Speaker appoints 
them. 

6. A standing committee is one that contin- 
ues through a session or for a fixed time, for 
the consideration of matters of a definite 
class. 



FACTS IN CIVIL GOVERNMENT 49 

7. The United States Senate has about thir- 
ty standing committees; the House of Repre- 
sentatives, over fifty. 

8. A special or select committee is one select- 
ed to do a certain thing, or to consider a spe- 
cial question. 

9. A committee of the whole consists of all 
the members of a legislative or deliberative 
body resolved, on the motion of a member, 
into one general committee, for the full con- 
sideration and free debate of a special subject. 

(7) When a body resolves itself into a com- 
mittee of the whole, the presiding officer va- 
cates the chair and names some member of 
the body to occupy it. 

(2) A committee of the whole can not take 
final action in a matter; neither can it ad- 
journ. When its deliberations are complete, 
some member moves that the committee 
— now rise;" the regular presiding officer then 
resumes the chair, and the chairman of the 
committee "reports progress" or ' 'recommen- 
dations, " after which alone, is a motion to 
adjourn in order. 

10. A conference committee is (a) a commit- 
tee appointed by one body to confer with a 
like: committee from another body on ques- 
tions of difference between them, with a view 
to arrive at some agreement; or 

(b) These two committees organized as one. 

{Political Committees 608). 

188* Common Council. — The legislative body, 
or the lower branch of the same, of a city or 
other municipal corporation. 



50 FACTS IN CIVIL GOVERNMENT 

189. Common Law. — The unwritten law % 
based on long- established custom, or prece- 
dents established by former decisions of courts 
of justice. 

2. It is applied by courts in England and in 
all the States, except Louisiana—where the 
Civil Law ( 154:) takes its place — to all cases 
not regulated by statute law, to which it 
gives way in every instance. 

190. Commonwealth. — A state. A free or 
popular government. Not an absolute gov- 
ernment. 

191. Communis in. — The theory of distribut- 
ing all wealth equally among men; or of 
common ownership and use of all wealth. 

192. Commutation. — The substitution of a 
milder punishment for one more severe. 

* 193. Compact. — A solemn agreement or con- 
tract, 

2. In the Constitution, a temporary agree- 
ment. 

3. No State can enter into a compact 
with another State or foreign power with- 
out the consent of Congress. 

194. Complaint.— A formal allegation or ac- 
cusation against a person, made or directed 
to a proper court or officer, for the purpose 
of instituting a suit, 

195. Compromise. — A settlement of matters 
of dispute between parties by mutual con- 
cessions. 

196. Comptroller.— A public officer who ex- 
amines, adjusts and certifies accounts. 

197. Concurrent Resolution.-— A resolution 



FACTS IN CIVIL (lOYEKNMEXT 51 

agreed to by both houses of an assembly but 
not intended to have the force of law. 

198. Confederacy, Confederation.— A league 
or compact between two or more independ- 
ent allied States or nations, as opposed to a 
union of the people. 

2. States are prohibited from entering* into 
any confederation or alliance. 

199. Confederate States of America. — The 
government organized Feb. 4, 1861, by the se- 
ceded States at the beginning of the Civil War, 
with Jefferson Davis as President, and Alex- 
ander H. Stephens, Vice-President. 

200. Confiscation. — The forfeiting of proper- 
ty, and the appropriation of it, by the gov- 
ernment, to public use. 

201. Congress. — The supreme law-making 
body of the United States. It consists of the 
Senate, or the upper house (724), and the 
House of Representatives, or the lower house 
(399). 

2. It meets at Washington regularly once a 
year, on the first Monday in December. 

.3. It may, by law, appoint a day to meet, 
other than the first Monday in December. It 
has done so at different times, but it al- 
ways returned to the day named. 

4. It may be called in extra session by the 
President at any time, — either one or both 
houses. 

5. Members of each house (except the Speak- 
er of the House, who receives $8,000 per year) 
receive the same salary — $5,000 per year. 

6. Members have been paid different sala- 



52 FACTS IN CIVIL GOVERNMENT 

ries as follows: 1789 to 1815, $6.00 per day; 
1815 to 1817, $1,500 per year; 1817 to 1855, $8.00 
per day; 1855 to 1865, $3,000 per year; 1865 to 
1871, $5,000 per year; 1871 to 1874, $7,500 per 
year; 1874 to the present time, $5,000 per 
year. 

7. The salaries of all members have always 
been the same, except in 1795, when Senators 
received $7.00 per day, and Representatives 
received $6.00 per day. 

8. In addition to his salary, each member is 
allowed 20 cents per mile traveled in going 
to, and returning from each session of Con- 
gress. 

9. Each member has a private secretary at 
$1,200 per year, paid by the government. 

10. The salary of members is fixed by law 
of Congress, and is paid out of the Nation- 
al Treasury. 

11. After each census (since 1850) Congress 
decides the number of members the House 
of Representatives shall have during the en- 
suing ten years, beginning the third year 
after the census is taken. This number may 
be increased by the admission of new States. 

12. "A Congress" means the two branches 
holding office during one representative term 
of two years. Thus, a new Congress comes 
into power every two years, when new Rep- 
resentatives are elected, they all being elected 
every even year, though the Senate is a per- 
petual body, being at no time made up whol- 
ly of new members. 

13. The different Congresses are designated 



FACTS IN CIVIL GOVERNMENT 53 

by ordinal number. For example, the LVIth 
Congress came into power March 4th, 1899, 

and the LVIIth Congress will come into power 
March 4th, 1900. 

14. Members can not be arrested while at- 
tending, nor while going to, or returning 
from, Congress, except for treason, felony, or 
breach of the peace. 

15. For any speech or debate in Congress, 
members shall not be questioned in any oth- 
er place. 

16. By a two-thirds of a quorum vote of 
each house taken by yeas and nays, Congress 
can pass a bill, order, resolution or vote over 
the veto of the President. 

17. Every bill, order, resolution or vote hav- 
ing the effect of law, must be presented to the 
President for his approval before the same 
shall take effect. 

18. The President may adjourn Congress 
when the two houses can not agree as to the 
time of adjournment; but this has never yet 
been done. 

19. Congress may, and does, make regula- 
tions governing the election of Senators and 
Representatives, "except as to the place of 
choosing Senators, ' ' but it may grant the priv- 
ilege to the State Legislatures. 

20. Each house is judge of the elections, re- 
turns, and qualifications of its own members. 

21. A majority of each house constitutes a 
quorum to transact business; but a smaller 
number may (a) adjourn from day to day, 
and (b) compel the attendance of absent 



54 FACTS IN CIVIL GOVERNMENT 

members under penalty. 

22. Each house may punish its members for 
disorderly conduct in any way it deems prop- 
er, and may expel members by a two-thirds 
vote. 

28. By a decision of the Supreme Court, Con- 
gress and Legislatures may punish persons 
not members for cause; but only by imprison- 
ment, and then not beyond the dissolution of 
the house inflicting the punishment. 

24. Each house must keep and publish a 
journal of its proceedings, except such parts 
as require secrecy. 

25. The Congressional Record is a daily pa- 
per printed by Congress, containing the full 
proceedings of the previous day, including 
speeches of members, many of which were 
never delivered in either house, but are print- 
ed as a matter of record. 

26. A yea and nay vote must be taken on 
any question in either house, if one-fifth of 
the members present demand it. 

27. All sessions of Congress are open to the 
public, except the executive sessions of the 
Senate (726,6). 

28. "No Sen at o r or Representative shall, 
during the time for which he was elected, be 
appointed to any civil office under the author- 
ity of the United States which shall have been 
created, or the emoluments whereof shall have 
been increased, during such time, "but he may 
be so appointed after his term has expired. 

29. No person can hold another Federal 
office and be a member of Congress at the 



FACTS IN CIVIL GOVERNMENT 55 

same time. 

30. A person may hold a State office and at 
the same time be a member of Congress un- 
less prohibited by his State constitution. 

31. Resolutions proposing 1 amendments to 
the Constitution, or to adjourn, do not re- 
quire the approval of the President. 

32. No member of Congress or other Federal 
officer may act as a Presidential Elector. 

33. All members are sworn to support the 
Constitution, etc., before entering upon the 
duties of office. 

34. No person once a Federal or State officer 
sworn to support the Constitution, etc., and 
who afterwards engaged in rebellion or insur- 
rection, or aided the enemies of the govern- 
ment, can become a member of Congress or 
hold any other Federal or State office. But 
Congress, by a two- thirds vote of each house, 
may remove the disability. 

{U. S* Senators, 725; Representatives, 086.) 

202. Congressional District.— One of the di- 
visions into which a State Legislature divides 
the State for the purpose of electing United 
States Representatives (686). 

2. Each District elects one Representative. 

3. The Districts must be contiguous. 

4. They are numbered first, second, etc. 

5. A State is re-districted whenever its rep- 
resentation in Congress changes. 

203. Congressman. — A United States Senator 
or Representative. 

2. But the term is ordinarily applied to Rep- 
resentatives only. 



56 FACTS IN CIVIL GOVERNMENT 

204. Congressnian-at-Large.— A Representa- 
tive elected on the general State ticket. 

2. After any censns, when a State receives an 
increased number of Representatives, and the 
Legislature fails to re-district the State before 
the next congressional election, the additional 
member or members are elected on the gener- 
al State ticket. 

3. By the census of 1880, Maine's representa- 
tion was decreased, and in 1882, Congress per- 
mitted all her Representatives to be elected on 
the general State ticket. 

205. Connecticut Constitution.— The first writ- 
ten constitution recorded in history; known 
as the "Fundamental Orders of Connecticut." 

2. It was framed in 1639, and continued in 
force until 1818. 

3. It did not mention the king, and gave 
every citizen the right to vote. 

206. Connivance.— The guilty sanctioning of 
wrong-doing by pretending ignorance of it, 
and thus failing to prevent it, although it is 
possible to do so. 

207. Conscription or Draft. — A compulsory 
enlisting of men in the army and navy. 

2. Congress has power to authorize drafts. 

3. The power was exercised in the Civil War. 

208. Conservatives.— Those opposed to any 
change in existing institutions and established 
forms of government. 

209. Consignee. — A person to whom another 
sends goods to be sold on commission. 

210. Consignment. — A bill of goods sent by 
one person to another to be sold for the con- 



FACTS IN CIVIL GOVERNMENT 57 

signor. 

211. Consignor. — A person who sends goods 
to another person to be sold on commission. 

212. Conspiracy.— A secret combination of 
two or more men to do some unlawful act; as 
to commit treason, etc. 

213. Conspirator. — One who takes part in a 
conspiracy. 

214. Constable. — A ministerial officer of a jus- 
tice's court. He serves legal papers, makes 
arrests, preserves the peace, etc. 

2. His term of office and jurisdiction are the 
same as those of the justice. 

215. Constituent.— One who is represented by 
another in a legislative assembly. 

(b) One for whom another acts. 

216. Constitution.— The fundamental law of 
a country, which takes precedence over all 
other law, and with which all other laws of 
the country must agree. 

2. The Constitution of the United States 
and of Great Britain differ in that the former 
is a written constitution, while the latter is 
unwritten. 

217. Constitution, Federal.— The fundamen- 
tal law of the United States, in harmony 
with which all other laws must be made. 

2. The history of the Constitution is as fol- 
lows: 

(1) In 1785, Virginia and Maryland disagreed 
about the navigation and fisheries of the Po- 
tomac River and Chesapeake Bay. They ap- 
pointed commissioners to settle the dispute. 
These commissioners met and decided that 



58 FACTS IX OIYIL GOVERNMENT 

the question involved the rights of other] 
States. They recommended a convention of I 
all the States to consider the question, and] 
then adjourned. Thus, 

{2) The Annapolis (Maryland) Convention | 
met in 17S<>. But only five States were repre- 
sented. Owing to the smallness of the repre- 
sentation and the importance of the question, 
this convention adjourned after simply recom- 
mending to Congress and the States, the call- 
ing of another general convention. This was 
done, and, 

(.9) The Constitutional Convention met at 
Philadelphia in May, 1787, "For the sole and 
exclusive purpose of revising the Articles of 
Confederation." They soon found this a 
hopeless task, and set to work to draft anew 
Constitution, which they completed after al- 
most four months of hard ork. 

3. All the States except Rhode Island w T ere 
represented in this convention. 

4. The work of the Constitutional Conven- 
tion threatened to be a failure because of dis- 
agreements on the questions of (a) taxation, 
(b) the powers to he given the general gov- 
ernment, and (e) State representation in Con- 
gress; especially the latter point. These dif- 
ferences were finally compromised. 

5. The il Connecticut Com promise'' settled 
the great question of representation in Con- 
gress. The larger States wanted representa- 
tion according to population, while the small- 
er States held for equal State representation. 

6. Connecticut, as it happened, had a Legis- 



FACTS IN CIVIL GOVERNMENT 59 

lature peculiar to itself. It elected its upper 
House on the general State ticket, while the 
members of the lower house represented town- 
ships; therefore, Connecticut proposed that 
Congress be composed of two houses, the Sen- 
ate to represent the States, with an equal 
representation from each State regardless of 
its size, and the House of Representatives to 
represent the people according to the popula- 
tion of the States. This proposition was 
adopted, giving us the famous "Connecticut 
Compromise" of history. 

7. The ratification of nine States made the 
Constitution binding between those States. 

8. Having been ratified by eleven States, the 
Constitution went into effect March 4th, 1789. 

9. North Carolina (November 21st, 1789) and 
Rhode Island (May 29th, 1790) ratified the 
Constitution after it went into effect. 

10. The Constitution derives its authority 
from the people. 

11. The purposes of the Constitution are: 

(1) To form a more perfect union. 

(2) To establish justice. 

(3) To insure domestic tranquillity. 

(4) To provide for the common defense. 

(5) To promote the general welfare. 

(6) To secure the blessing's of liberty. 

12. Amendments to the Constitution may be 
proposed in two ways; 

(1) By Congress, two-thirds of both houses 
agreeing thereto; or (2) on the application of 
the Legislatures of two-thirds of the States, 
Congress shall call a convention to propose 



60 PACTS IN CIVIL GOVERNMENT 

amendments. 

13. Amendments may be ratified in either 
of two ways: 

(7) By the Legislatures of three-fourths of 
the States, or 

(2) By conventions in three-fourths thereof, 
as Congress may direct. 

14. No conventions have ever been called ei- 
ther to propose or to ratify amendments. 

15. In all, nineteen amendments have been 
proposed, of which fifteen have been ratified, 
and four have been rejected. 

16. The first Congress proposed twelve 
amendments, ten of which, constituting our 
American Bill of Rights (84), were adopted. 

17. An amendment proposed or ratified, 
does not require the approval of the Presi- 
dent. 

18. The Constitution may be amended in 
any respect, except to deprive a State, with- 
out its consent, of equal suffrage in the Sen- 
ate. 

19. The Constitution consists of seven Ar- 
ticles and fifteen Amendments.. 

218. Consul — An officer appointed by the 
President, with the consent of the Senate, to 
represent the commercial interests of the gov- 
ernment in foreign countries. 

2. His principal duties are: 

(1) To care for the commercial interests of 
our country — his most important duty. 

(2) To protect our citizens abroad, and our 
seamen. 

(3) To care for destitute seamen at the ex- 



FACTS IN CIVIL GOVERNMENT 61 

pense of the United States. 

(4) To cause mutinous seamen to be arrest- 
ed and sent home for trial. 

(o) To hold the papers of American vessels 
while in port, and to keep a record of such 
vessels as to tonnage, cargoes, seamen, etc. 

(6) To care for, and to deliver to, the na- 
tional treasury to be held for the legal heirs, 
property of American citizens dying abroad. 

(/) To hold consular courts (219). 

(8) To collect commercial, manufacturing 
and agricultural statistics of the country 
wherein he resides. 

(6*) To execute for Americans abroad, legal 
documents to be used in this country. 

3. A Consul General is a consul of the high- 
est rank; he has jurisdiction over several con- 
suls or in several different places. 

4. There are over three hundred consuls, and 
about thirty consuls-general, 

5. Some consuls-general are ministers reSr- 
ident (283,9). 

6. A Vice Consul is a person appointed to 
act in the place of a consul during his absence 
or in case of his removal. 

7. The foreign countries with whom we deal 
are divided into consular districts, in the prin- 
cipal cities of which the consuls reside. 

8. Consuls receive from $1,000 to $6,000 each 
per year. 

9. Some consuls are paid by fees. 

10. Consuls are subject to the laws of the 
countries in which they reside, w hile ministers 
are not. 



02 FACTS IX CIVIL GOVKRXMEXT 

11. Consuls who . receive small salaries, or 
who are paid by fees, may engage in business 
on their own account. Others must not do so. 

12. The duties of consuls are commercial; not 
political. 

13. ( U msuls deal with individuals rather than 
with governments. Ministers deal with gov- 
ernments. 

219. Consular Court. — A court held in a for- 
eign country, by a Consul, to settle disputes 
between seamen, and between Americans 
and foreigners in regard to commercial mat- 
ters; in some countries it tries cases between 
the countries and American citizens; as in Chi- 
na, Japan, Turkey and Siam. 

220. Consular Service.— The consular service 
consists of the whole body of consuls (218) or 
commercial agents of the government, resid- 
ing at the principal seaports of foreign coun- 
tries. 

221. Contempt.— (a) Wilful and disrespectful 
disobedience to the orders, rules and process- 
es of a legislative assembly or of a court. 

(b) Insolent or contemptuous language or 
behavior in the presence of a court. 

2. Legislative bodies and courts are empow- 
ered to punish contempt (201, 23). 

222. Continental Congress. — The body of rep- 
resentatives of the thirteen colonies that met 
from 1774 to 1781. 

2. A Continental Congress was first propos- 
ed by Benjamin Franklin. 

3. The First Continental Congress met 
at Philadelphia September 5th, 1774, 



FACTS IX CIVIL GOVERNMENT 03 

to discuss the common interests of the 
colonies. It set forth a declaration of the 
rights and wrongs of the colonies, and 
passed resolutions and made recommenda- 
tions pointing: to the Revolution. 

4. The Second Continental Congress met at 
Philadelphia May 10th, 1775, and later at six 
other different places. It held its last session 
October, 1788; but, theoretically, it was in per- 
petual session from 1775 until March, 1781, 
when the Articles of Confederation (52) went 
into effect. It was the governing power dur- 
ing the revolutionary period. 

223. Contested Elections in Congress. — 1. In 
the House: (1) The defeated candidate must 
serve notice of contest on his opponent, with 
the grounds of contest, within thirty days 
after the returns have been declared. 

(2) Within the next thirty days, the suc- 
cessful candidate must serve an answer on 
the contestant, stating the grounds of his de- 
fense. 

(#) Forty days are allowed the contestant, 
and forty to the member-elect for taking tes- 
timony before a proper officer; and ten days 
. more are allowed to the contestant for tak- 
ing testimony in rebuttal. 

(4) The testimony is mailed to the Clerk of 
the House, and is referred to the committee 
on elections. 

(5) The committee reports, and the House 
decides the contest by a majority vote. 

(6) The contestant is usually allowed not 
over $2,000 for expenses. 



64 FACTS IN CIVIL GOVERNMENT 

2. In the Semi te: (1) The question goes direct- 
ly to the Committee on Elections; a report is 
made, and the Senate decides by a majority 
vote. 

(2) In all contests, the member-elect serves 
till the contest is decided. 

224. Contraband Goods. — Articles particular- 
ly useful in carrying on war, which, by interna- 
tional law, neutrals are prohibited from sup- 
plying to an enemy. 

2. Such goods may be seized, condemned in 
a prize court (642), and confiscated (200) to* 
the captors. 

3. During the Civil Wai\ negro slaves were 
contraband of war. 

225. Contract.— An agreement l>etween two 
or more persons to do, or not to do, a certain 
thing or things. 

2. A verbal contract is -one not reduced to 
writing. 

3. A written contract is one that is reduced 
to writing, and signed by the parties. 

4. A parol contract is either a verbal or writ- 
ten contract not under seal nor recorded. 

5. A contract not to be performed within a 
year must be reduced to writing, to make it 
binding. 

6. To make a contract binding, there must 
be a sufficient consideration therefor. 

7. The Constitution forbids States from pass- 
ing laws impairing the obligations of con- 
tracts. 

226. Conveyance. — A written instrument by 
which the title to property is transferred from 



FACTS IN CIVIL GOVERNMENT 05 

one person fo another. 

227. Convict — A person convicted of crime 
and sentenced to penal servitude. 

228. Copyright. — The exclusive right of an 
author, inventor, or proprietor to print, re- 
print, publish and sell his own literary or ar- 
tistic productions. 

2. The power to regulate copyrights is vest- 
ed in Congress. 

3. States can not grant copyrights; they did 
so prior to the adoption of the Constitution in 
1789. 

4 A copyright is granted for a term of 28 
years and can be renewed for 14 years upon 
application made within six months before 
the expiration of the first term. 

5. The following may be copyrighted: A 
book, map, chart, dramatic or musical com- 
position, engraving, cut, print, or photo- 
graph or negative thereof, or of a painting, 
drawing, ehromo, statue, statuary, and 
of models or designs intended to be perfected 
as works of the tine arts. 

6. A copyright is assignable, but the as- 
signment must be recorded in the office of the 
Librarian of Congress within sixty days from 
its date. 

7. The fee for assignment is $1.00, and for 
each copy thereof, f 1.00. 

8. The fee for a copyright is fifty cents, and 
for each certificate under seal, of such copy- 
right, fifty cents. 

• 9. To obtain a copyright, a printed or type- 
written copy of the title of the book, map, 



(>(> FACTS IN CIVIL, GOVERNMENT 

etc., or a description of the statue or paint- 
ing, etc., must l>e sent to the Librarian of 
Congress at Washington D. C; and not later 
than the day of publication, two copies of the 
best edition of the book or publication, or a 
photograph of the statue or other article, 
must l>e sent to the Librarian, and a copy of 
every subsequent edition containing substan- 
tial changes must also be sent. 

10. Every copy of a book or other thing 
copyrighted, must bear the words; " Copy- 
right, 18—, by — , " or, " Entered according 
to act of Congress, in the year — , by — , in 
the office of the Librarian of Congress at 
Washington." 

11. The inscription is placed on the title page 
or on the page next following, in the book, 
or upon some visible portion of the article 
copyrighted. 

12. A penalty of $100.00 is imposed on any 
person using the copyright notice on any book 
or article not copyrighted. 

13. A foreigner, whose nation grants the 
same privilege to American citizens, may copy- 
right his productions in this country, but 
books thus copyrighted must be printed in 
the United States. 

14. The fee for a copyright in this country 
in the case of a foreigner is $ 1.00 with an ad- 
ditional fee of fifty cents for each certificate of 
entry desired. 

15. The United States has international 
copyright (429) treaties with Belgium, France, 
Great Britain. Switzerland, Germany, Italy, 



FACTS IN CIVIL GOVERNMENT 67 

Portugal and Spain. 

16. Trade Murks and Labels are not copy- 
righted, but are registered in the Patent Of- 
fice, the registry fee being $25.00 and $6.00 re- 
spectively. 

17. Full information on the subject of copy- 
rights may be obtained by addressing the Li- 
brarian of Cogress, Washington D. C. 

229. Copperhead. — A northern sympathiz- 
er with the South during the Civil War. 

230. Coroner. — A county officer whose duty 
it is to inquire into the suspicious, mysteri- 
ous, or violent death of persons, or into 
death occurring in prison. 

2. When notified of such death, the coroner 
summons a jury which varies in number from 
6 to 15, examines witnesses, and a written 
verdict is rendered. 

3. The judicial inquiry of a coroner is called 
a coroner's inquest (424). 

231. Coroner's Jury. — A jury summoned by 
a coroner to determine the cause of, or the re- 
sponsibility for, a. mysterious, violent or sud- 
den death, or death in prison. 

232. Corporation, — A body of persons char- 
tered under the law, to act as one person 
(141,2), and capable of perpetuating its exist- 
ence by the addition of new members. 

2. A public corporation is a municipal or- 
ganization; as a city or town, possessing cer- 
tain privileges of local government. 

3. A private corporation is a corporate body 
of private individuals engaged in any busi- 
ness or enterprise on their own account. 



68 FACTS IN CIVIL GOVERNMENT 

4. A corporation may sue and be sued as a 
single individual. 

5. The individual members of a corporation 
are not personally responsible for its acts, ex- 
cept where made so by special statute. 

6. A corporation may be dissolved: 

(1) By the death of all its members. 

(2) By the surrender of its charter. 
(-9) By the forfeiture of its charter. 
(4) By legislative act. 

238. Corruption of Blood.— The disability of 
a person to inherit or transmit property on 
account of being convicted of treason. 

2. It is forbidden by the Constitution. 

234. Counterfeiting:.— Making or knowingly 
passing false coin, bonds, notes, revenue or 
postage stamps, or any other securities of 
the government. 

2. The Constitution gives Congress power 
to pass laws to punish counterfeiting, which 
it has done by fine and imprisonment, accord- 
ing to circumstances. 

3. The penalty for making or passing coun- 
terfeit coin is a fine not exceeding $5,000 and 
imprisonment not exceeding ten years. When 
notes are counterfeited, the term of imprison- 
ment may be fifteen years. 

4. Counterfeiting the money, bonds, etc., of 
a foreign government, within the United 
States, is punishable by a fine not exceeding 
$5,000, and imprisonment not exceeding five 
years. 

5. States may also punish counterfeiting. 

235. Countersign.— A private m i i i t a r y 



FACTS IN (TAIL GOVERNMENT 69 

watchword or signal, used to prevent unau- 
thorized persons from passing a line of sen- 
tries, who are ordered to allow none to pass 
who can not give it. 

2. The commanding officer changes it every 
day. 

236. County. — A political division next 
smaller than a State. 

2. It has its own officers differing in the 
different States and it administers its own lo- 
cal affairs. 

3. Every State is thus divided; these divis- 
ions, in Louisiana, are called parishes. 

237. Coupon. — A certificate, attached to 
bonds, representing interest, to be detached 
and presented for payment when due. 

238. Court. — A tribunal legally established 
for the trying of cases and the administering 
of justice. 

239. Court in Bane, or Banco.— A full sitting 
of a superior law court at regular sessions 
when every member is present and occupies 
his respective place, to hear arguments of 
questions of kiw, as distinguished from sit- 
tings at nisi prius, (551) where, generally, a 
single individual presides, and civil suits are 
tried by jury. 

240. Court Martial. — A court composed of 
military or naval officers, which tries all vio- 
lations of military and naval laws. 

241. Court of Claims. — A court established 
by Congress to hear and determine all disput- 
ed claims against the United States. 

2. It consists of one Chief Justice and four 



70 FACTS IN CIVIL GOVERNMENT 

Associate Justices, appointed by the Presi- 
dent with the consent of the Senate. These 
hold office during; good behavior, and receive 
$4,500 each per year. 

3. It is in session at Washington almost the 
whole year. 

4. It reports regularly to Congress, which 
body generally provides for claims favorably 
reported. It can only recommend the pay- 
ment of claims. 

5. The fact that the government can not 
be sued, makes this court necessary. Before 
the establishment of this court, claims could 
only be secured by petitioning Congress. 

242. Court of Impeachment. — The United 
States Senate or a State Senate, sitting as a 
tribunal to try impeachments (404). 

243. Court of Record. — A court whose acts 
and judicial proceedings are all recorded and 
preserved for future reference. 

244. Covenant. — A solemn contract or agree- 
ment under seal. 

245. "Cradle of American Liberty." — Faneuil 
Hall, Boston, where the sturdy revolution- 
ary patriots were wont to assemble to dis- 
cuss the question of American independence. 

246. Credentials. — Authentic written evidence 
that a person has the right to exercise official 
power; as certficates of election, the letters 
given by a government to ambassadors, con- 
suls, etc. 

247. Crime. — An offense against the public; a 
violation of law whereby the offender becomes 
accountable to the public and liable to pun- 



FACTS IN CIVIL GOVERNMENT 71 

ishment by the commonwealth, as distin- 
guished from a private wrong or civil injury, 
for which he is accountable only to the indi- 
vidual injured. Crimes are divided into felo- 
nies (344) and misdemeanors (523). 

248. Criminal Action, or Suit, — An action 
brought to convict and punish a criminal. 
In a criminal action, the United States or the 
State is always plaintiff. 

249. Criminal Law. — The law that defines 
the nature and punishment of crimes (247). 

250. Cross-Examination.— The examination 
of a witness by the party not calling him. 

2. Leading questions (465) may be asked the 
witness in cross-examination, but not in di- 
rect examination (284). 

251. Cumulative Vote. — A system which 
gives to each voter as many votes as there 
are candidates for a given office and allows 
him to cast them all for one candidate or to 
distribute them among the candidates as he 
chooses (119). 

252. Currency. — (a) The money of a coun- 
try, either paper or coin, (h) Commonly, pa- 
per money. 

253. Custom-house. — The building where cus- 
toms or duties are collected, and where ves- 
sels are entered (316) or cleared (165). 

2. Custom-houses are established, one in 
each district, at different points along the 
seacoast, or navigable rivers, and on the 
boundary lines between the United States, 
Canada and Mexico. 

3 The largest custom-house in the world is 



72 FACTS IX CIVIL GOVKKXMENT 

at New Orleans. 

4. It was over thirty years in completing'; 
it contains 111 rooms, and cost $4,900,000. 

254. Dark Horse. — A person whose name is 
unexpectedly, and at a late hour, presented 
to a nominating- convention as a candidate. 

255. Days of Grace.— The three days allowed 
by banks for the payment of a note or a 
draft after it becomes due. 

256. Death Warrant. — An order signed by 
the proper authority for the execution of a 
criminal. 

257. Deathwatch.— The guard placed over a 
criminal sentenced to death. 

258. Deadlock. — The condition of being una- 
ble to transact business in Congress or other 
body on account of the members being so di- 
vided on political or other questions that the 
required majority can not be secured. 

259. Debenture.— {n) A written acknowledg- 
ment of a debt. 

(b) A certificate given at a custom-honse 
entitling an exporter of imported goods to a 
drawback of duties paid on the same when 
they were imported. 

260. Declaration of Independence.— The Dec- 
laration adopted by the Continental Congress 
July 4th, 1776, in which the Thirteen American 
Colonies formally declared themselves free 
and independent States, subject in no way to 
the government of Great Britain. 

2. On June 7th, 1776, Richard Henry Lee of 
Virginia proposed a resolution in Congress, 
declaring the Colonies free and independent 



FACTS IN CIVIL GOVERNMENT 73 

States, and a committee consisting- of 
Thomas Jefferson, John Adams, Benjamin 
Franklin, Roger Sherman and Robert R. Liv- 
ingston, was appointed to draft a formal dec- 
laration, which was adopted July 4th, 1776. 

3. The document is a master piece of Eng- 
lish and is now preserved in Washington. 

4. When President John Hancock signed the 
declaration, he remarked; "We must be unan- 
imous; there must be no pulling different 
ways; we must all hang together," to which 
Benjamin Franklin replied; "Yes, we must all 
hang together, or we shall all hang separate- 
ly." 

261. Declaration of Bights. — The declaration 
framed by the Stamp Act Congress (758) in 
1765. 

2. A similar declaration protesting against 
the more recent oppressive acts of Parliament, 
was issued by the First Continental Congress 
(222,3) in 1774. 

3. Another similar declaration was embodied 
in the Declaration of Independence (260). 

262. Declaratory Act. — An act of Parlia- 
ment March 7, 1766, accompanying the repeal 
of the Stamp Act( 757 ), vindicating Parliament 
in its previous harsh treatment of the Colo- 
nies, and declaring that it had the right to 
exercise power over them in any way whatso- 
ever. 

263. Deed. — A written instrument under 
seal acknowledged before aproper officer, and 
delivered, by which the title to real estate is 
transferred from one person to another. 



74 FACTS IN CIVIL GOVERNMENT 

2. A warrnn ty deed is one in which the grant- 
or or maker covenants to warrant and de- 
fend the title to the property conveyed against 
all claims whatsoeA^er. 

3. A quit claim deed is one in which the 
grantor releases simply the interest he has in 
the property. 

4. A trust deed or deed of trust, is a deed 
by which property is conveyed to a third per- 
son as security for the payment of a debt to 
a second person on the payment of which it 
becomes void. 

5. All deeds, to be valid, must be recorded. 

264. Defalcation.— Embezzlement (309). 

265. Defaulter. — A person who fails to ac- 
count for money entrusted to his care; espe- 
cially public money. 

266. Defendant. — One against whom a civil 
or criminal action is brought. 

267. Delegate.— (a) A person elected by 
the people of a Territory, to represent them 
in the House of Representatives (399). He 
may debate and serve on committees and 
make motions, but he can not vote. His 
term of office is two years. His compensa- 
tion is the same as that of a Representa- 
tive. 

(/>) A person selected by his constituents to 
represent them in a convention. 

268. Delegates -at- Large. — The four delegates 
selected from each State without regard to 
congressional districts, to represent the Uni- 
ted States Senators of the given State in the 
National Convention (609, 14). 



FACTS IN CIVIL GOVERNMENT A id 

269. Delegate Convention.— A convention 
composed of delegates (267) selected by their 
party or by the people to represent them. 

270. Demagogue. — A politician who seeks to 
gain influence by flattery and deceit, and by 
w orking on the ignorance of the people. 

271. Demonetization.— The w i t h d r a w i n g 
any kind of money from current use as a le- 
gal tender; as the demonetization of the silver 
dollar in 1873. 

272. Demurrer.— A declaration of a defendant 
that, admitting the facts alleged by the plaint- 
iff, yet they constitute no cause of action 
against the former, and that he will proceed 
no further in the case until the court has pass- 
ed on the question. 

273. Denizen. — A person not a native, who 
has been given all or certain rights of citizen- 
ship. 

274. Deponent. — One who makes a deposi- 
tion or gives written testimony under oath. 

275. Deposit Fund, IT. S.— A surplus fund 
of about $30,000,000 that the national govern- 
ment, in 1836, deposited with the several 
States then existing, to be kept by them un- 
til called for by Congress. 

2. It has never been called in, and very 
probably never will be. 

3. The States generally use it for school pur- 
poses. 

276. Deposition. — The testimony of a wit- 
ness under oath, reduced to writing by a com- 
petent officer before whom it is given, to be 
used in a given case in a court of justice. 

6 



76 FACTS IN CIVIL GOVERNMENT 

2. The opposing- party must be notified of 
the time and place of taking the deposition, 
in order that he may be present to cross-ex- 
amine (250) the witness. 

277. Despot. — An absolute monarch; the ty- 
rannical ruler of an absolute monarchy. 

278. Despotism. —An absolute monarchy 
ruled by a tyrant. 

279. Dilatory Motion. — (a) A motion made 
by a defendant in order to break down or de- 
lay an action against him without entering 
into a trial upon the merits of the case; as a 
motion to quash (661). 

(b) Any motion made in any assembly for 
the purpose of hindering business. 

280. Dilatory Plea.— A plea made for the 
sole purpose of causing delay in the trial of a 
case. 

281. Diplomacy.— The art of conducting and 
adjusting the relations between states or na- 
tions. 

282. Diplomat or Diplomatist. — One 
skilled or engaged in diplomacy (281). 

283. Diplomatic Service.— The diplomatic 
service consists of the whole body of agents 
sent to foreign nations to represent our gov- 
ernment in a political capacity. 

2. These agents are appointed by the Presi- 
dent, with the consent of the Senate. 

3. .They reside at the capitals of the coun- 
tries to which they are accredited. 

, 4. They represent the dignity of the govern- 
ment, and act in a political capacity alone. 
5. They act under the direction of the Presi- 



FACTS IX CIVIL GOVERNMENT 77 

dent as he instructs them through the Secre- 
tary of State. 

6. All messages to other countries are sent 
to them to be delivered, and all messages 
from other countries are received through 
them. v 

7. Their duties are to negotiate treaties, to 
protect the persons and property of United 
States citizens abroad, to furnish information 
to our government, and, in general, to act for 
our government in all diplomatic matters. 

8. The powers and duties of ail diplomatic 
agents are about the same. In general, these 
agents differ only in rant, dignity and salary. 

9. There are four grades of diplomatic 
agents, as follows, beginning with the high- 
est: 

(i) Ambassadors. 

(2) Envoys Extraordinary and Ministers 
Plenip otenti a ry . 

(3) Ministers Resident. 

(4) Charges D ? Affaires. 

10. By the law of nations, diplomatic agents, 
their families, secretaries and servants, are 
not subject to the laws of the countries 
wherein they reside. They can not be arrest- 
ed, imprisoned or prosecuted. But if they 
conduct themselves improperly, they may be 
sent home. 

11. Ambassadors receive from $12,000 to 
$17,500 per year. The other grades of diplo- 
matic agents receive from $5,000 to $17,500. 

12. We send ambassadors to Great Brit- 
ain, France, Germany and Italv. 



78 FACTS IN CIVIL GOVERNMENT 

13. An ambassador or minister in ordinary, 
lives in the country to which he is accredited, 
and is intrusted with the ordinary business 
of a foreign minister. 

14. An ambassador or envoy extraordinary 
is sent to a foreign country on a particular 
mission, and returns when the special busi- 
ness on which he is sent is accomplished. 

15. A minister or envoy plenipotentiary has 
full power to act in all matters according to 
his own judgment, without referring them 
back to his government for instructions. 

16. Secretaries of Legation (718) are ap- 
pointed by the President to accompany dip- 
lomatic agents a*s their secretaries. 

284. Direct Examination, or Examination in 
Chief. — The examination of a witness by the 
party calling him. 

2. In direct examination, leading questions 
(495) are not permitted. 

285. Disfranchise. — To deprive of a franchise 
(359); as of the right to hold office, etc. 

286. District Court, IT. S.— The lowest grade 
of Federal Courts. 

2. The nine Judicial Circuits are divided into 
over sixty Judicial Districts, in each of which 
a resident District Judge is appointed by the 
President, and a District Court is established. 

3. Each State comprises from one to three 
Districts. These Districts never cross State 
lines. 

4. When necessary, a Circuit Judge may pre- 
side over a District Court, or one District Judge 
may hold court for another. 



FACTS IN CIVIL GOVERNMENT 79 

5. This court has original Jurisdiction only. 
It may try any crime committed within the 
District against the United States, except of- 
fenses punishable by death, which the Circuit 
Court alone can try. It can try certain civil 
cases under the Federal laws, when the amount 
involved exceeds $50.00; and it has exclusive 
original jurisdiction in all admiralty and 
maritime cases (15). 

6. All cases may be appealed from the Dis- 
trict Courts to the Circuit Court of Appeals. 

7. A District Attorney, who represents the 
United States in all Federal cases in his Dis- 
trict, in both Circuit and District Courts, and 
a United States Marshal, who is the sheriff of 
the Circuit and District Courts, are appointed 
by the President with the consent of the Sen- 
ate, for each Federal District, to serve four 
years. 

8. This Court has a grand and a trial jury. 

9. It holds four sessions each year. 

287. Divine Right of Kings.— The theory that 
kings have a divine right to rule, regardless 
of the people; that their authority to rule is 
direct from God, to whom alone they are re- 
sponsible. 

288. Division of the House.— A standing vote 
demanded when a viva voce vote (887) is close 
and doubtful and one side thinks the presiding 
officer is likely to decide against it. 

2. The phrase originated in the English Par- 
liament, where oj)posing sides march out on 
opposite sides of the hall to be counted. 

289. Dixie.— A term applied to the Southern 



80 FACTS IN CIVIL, GOVERNMENT 

States collectively. 

290. Domain — The whole territory g*overned 
by a state or nation, with everything in it. 

2. The public domain is the public lands, or 
the territory belonging to, and under the ex- 
clusive control of, a nation or a state; as the 
public lands in the West. 

3. Eminent domain is the right of a state to 
take private property (only real estate) for 
public use, when necessary, by paying a fair 
value for it. 

291. Double Standard* — The concurrent use 
of gold and silver as standards of money val- 
ue. 

292. Dower. — The share of a husband's 
property that legally goes to his wife at his 
death; usually one-third. 

293. Draft.— (a) A conscription (207). (b) A 
bill of exchange, (c) An order from one party 
to a second party, directing* the payment of 
money to a third, (d) A sight dm ft is paya- 
ble as soon as presented and accepted (1), al- 
lowing days of grace (255). (e) A time draft 
is payable at the time shown on its face — so 
many days after sight, or presentation and 
acceptance, plus the days of grace. (/) An ac- 
cepted draft (1) is negotiable. (g) A draft 
is not binding until accepted (1). 

294> Duel. — A fight 'between two persons, 
by mutual agreement, with deadly weapons. 
Most States now expressly forbid dueling. 

295. Duress. — The restraint of one's liberty 
by unlawful imprisonment, or by threatened 
violence to himself or to his near relatives, to 



FACTS IN CIVIL GOVERNMENT 81 

such a degree as to influence his actions 
against his will. 

296. Duties or Customs.— Taxes levied on 
imports (407) and exports (332). 

2. The Constitution prohibits the taxation 
of exports; hence in the United States, duties 
apply exclusively to taxes on imports. 

3. "All duties, imposts (408) and excises 
(321), shall be uniform throughout the Unit- 
ed States." — Constitution. 

4. All duties must be paid in gold by the im- 
porter (296,4), to the collectors of customs 
(171), at the custom-houses (253). 

5. Duties are of two kinds; specific and ad 
valorem. 

6. Specific duty is a tax on goods according 
to quantity or weight. 

1. Ad valorem duty is a tax on the invoice 
or cost price of the goods in the country from 
"which they come. 

8. when ad valorem duties are to be paid, 
the importer must swear to the invoice price 
of the goods. If he swears falsely, the goods 
are confiscated (200) to the government, and 
he may be punished otherwise. 

9. Congress alone can levy duties, except 
that a State may lay such duties as are abso- 
lutely necessary for executing its inspection 
laws, in the matters of expenses, and 
these laws must be subject to the revision 
^nd control of Congress, and all above suffi- 
cient to pay such expenses, if any, must go to 
the United States treasury. 

10. Under the Articles of Confederation (54) 



82 FACTS IX CIYII, GOVERNMENT 

the States levied duties independent of each 
other. 

297. Elastic Clause. — Article 1, Section yiii, 
Clause 18, of the Constitution, which gives 
Congress power "to make all laws which 
shall he necessary and proper for carrying in- 
to execution the foregoing powers and all 
other powers vested by this Constitution in 
the government of the United States or in any 
department or office thereof." 

2. Hamilton held that the clause should be 
construed liberally, while Jefferson held that 
it should be construed strictly. 

3. Thus originated, in 1789, American polit- 
ical parties, under the names of "loose-con- 
structionists," or Federal party (339), and 
"strict - constructionists, " or Anti - Federal 
party, with Hamilton and Jefferson as 
leaders respectively. 

298. Elect.— (a) To choose for office, {h) 
One chosen to an office which he has not yet 
assumed; as President-elect. 

299. Elective Franchise. — The right to vote 
for public officers. 

300. Elective Office.— An office to be filled by 
election. 

301 Elector. — (a) Any legal voter, (b) A 
member of the Electoral College (302). 

302. Electoral College.— The whole body of 
electors chosen by the voters of the United 
States to elect a President and Vice-President. 

2 There are 447 electors, or as many as there 
are United States Senators and Representa- 
tives. 



FACTS IN CIVIL GOVERNMENT 83 

3. Necessary to a choice, 224. 

4. State Legislatures provide for the man- 
ner of choosing electors. 

5. They are now, in all the States, nominated 
in State Conventions and elected by law on 
the first Tuesday following the first Monday 
in November every four years— leap years, 
regularly. 

6. Vacancies in the Electoral College are 
filled according to the laws of the State in 
which the vacancies occur; usually by the 
other electors. 

7. Electors meet by law in their respective 
States on the Second Monday in January fol- 
lowing their election. 

8. Each State Legislature designates a place 
of meeting — usually the State Capital. 

9. The electors of each State vote by ballot 
for President and Vice-President, at least one 
of whom shall not be an inhabitant of the 
same State as themselves. 

10. They must vote for President and Vice- 
President on separate ballots. 

11. They must make three certificates of all 
the votes cast for President and Vice Presi- 
dent, annexing to each certificate, a certificate 
of their own election. 

12. They must all sign and seal these certifi- 
cates, and certify on the outside that they 
contain the votes of their State for President 
and Vice President. 

13. They send one certificate by a special 
messenger to the President of the Senate ; 
they mail another to him, and the third they 



84 FACTS IN CIVIL GOVERNMENT 

deliver to the Judge of the United States Dis- 
trict Court of the district in which they meet. 

14. A messenger is allowed twenty-five cents 
per mile for the distance traveled, and is sub- 
ject to a fine of $1,000 for neglect of duty. 

15. If the two certificates sent to the Presi- 
dent of the Senate fail to reach him by the 
fourth Monday in January, he sends a special 
messenger for the copy deposited with the 
District Judge. 

16. The certificates are opened by the Presi- 
dent of the Senate, on the second Wednesday 
in February, in a joint session (445) of both 
houses; the vote is counted by tellers appoint- 
ed from each house, and is announced by 
the presiding officer. 

17. A majority of all the electoral votes are 
required to elect. 

18. Each State decides contests between ri- 
val electors. 

19. Each State provides for paying its own 
electors. 

20. No United States Senator or Representa- 
tive or person holding an office of trust or 
profit under the government shall be an elect- 
or. 

21. One elector is taken from each Congres- 
sional District and two from the State at 
large, all being elected on the State ticket. 

22. An elector is free to vote for the candi- 
date of the opposite party if he chooses to do 
so; but thus far in the history of our country, 
no elector has forsaken his party. 

23. Until 1824, electors were usually chosen 



FACTS IN CIVIL GOVERNMENT 85 

by State Legislatures. They are now all 
chosen by popular vote. 

24. Washington (1789, 1793,) received all the 
electoral votes twice. In 1821, James Monroe 
received all but one. The one elector had 
vowed that no one should receive the honor 
accredited to Washington. 

303. Electoral Commission. — A commission 
appointed by Congress, January, 1877, to set- 
tle disputes over the election returns of 1876, 
from Florida, South Carolina, Louisiana, 
and Oregon. 

2. The commission was made up of five U. S. 
Senators, five U. S. Representatives, and five 
U. S. Supreme- Judges. 

3. Two days before the inauguration, by a 
vote of eight to seven, the commission decid- 
ed that Rutherford B. Hayes was elected 
President over Samuel J. Tilden. 

304. Electoral Vote.— The vote of the mem- 
bers of the Electoral College (302) for Presi- 
dent and Vice-President. 

305. Electors -at -Large.— The two Presiden- 
tial Electors elected from each State, without 
regard to congressional districts, to repre- 
sent the two United States Senators of the 
given State in the Electoral College (302). 

306. Emancipation Proclamation. — The proc- 
lamation of President Lincoln, January 1, 
1863, abolishing slavery in those States then 
in rebellion, and admitting such slaves to the 
army and navy. 

2. About 3,000,000 slaves were freed. 

3. Lincoln had issued a preliminary procla- 



86 FACTS IN CIVIL GOVERNMENT 

mation, September 22, 1862, declaring that if 
any States remained in rebellion January 1, 
1863, the slaves in such States would be freed. 
4. By the 13th Amendment, ratified December 
1865, slavery was forever abolished through- 
out the jurisdiction of the United States. 

307. Embargo. — An order made by a govern- 
ment prohibiting ships of commerce from sail- 
ing from its ports, or from particular ports. 

2. An embargo act may apply to the depart- 
ure or to the entering of vessels, or to both; 
it may apply to vessels and goods generally, 
or to certain goods alone. 

3. A hostile embargo is one laid on the ves- 
sels of an enemy. 

4. A civil embargo is one laid on the vessels 
of the country authorizing it. 

5. The United States laid an embargo on all 
commerce but once, and that in 1807. 

308. Embassy or Legation. — A diplomatic 
agent, — Ambassador, Minister, etc., (283) — 
and all those associated with him; residing at 
the capital of a foreign country; as the Amer- 
ican Legation at London. 

309. Embezzlement. — A fraudulent appropri- 
ation to one's own use, of the money or goods 
of another, which were intrusted to the em- 
bezzler's care 

2. The crime is unknown to the common 
law; it depends entirely upon statutory en- 
actments. 

310. Embezzler. — One who embezzles (309). 

311. Enabling Act.— An act passed by Con- 
gress upon the petition of a Territory to be- 



FACTS IN CIVIL GOVERNMENT 87 

come a State, authorizing the people of the 
Territory to frame and adopt a State con- 
stitution preparatory to admission into the 
Union. 

2. The act sometimes provides for the ad- 
mission of the Territory on the proclamation 
of the President; otherwise it is admitted by 
another act of Congress. 

3. Several Territories adopted|State constit- 
utions and were admitted into the Union with- 
out enabling acts. 

312. Enacting Clause.— The introductory 
clause of a bill formally expressing the legisla- 
tive sanction. 

813. Enactment. — A law passed by a legisla- 
tive body. A statute. 

314. Engrossed Bill. — A bill that has been 
plainly written with all its amendments, af- 
ter its second reading (78,11-14), preparatory 
to final action on its passage. 

315. Enrolled Bill.— A bill accurately written 
on parchment, in a bold hand, after its pas- 
sage. 

316. Entry. — The delivering at the custom- 
house (253), a complete account of a ship's 
cargo, and obtaining permission to land the 
goods (494). 

317. Equity.— (h) ' k The rectification of the 
law, when, by reason of its universality, it 
is deficient." — Aristotle, (b) That branch of 
jurisprudence (452) that is applied to cases 
for which the law courts afford no plain and 
adequate remedy. 

2. A court of equity (765,11) has no juries. 



88 FACTS IN CIVIL GOVKUNMKNT 

3. It tries no criminal cases. 

4 In equity cases, the evidence is all written 
— depositions. 

5. Some States have separate courts of equi- 
ty and of law; but in most States, the same 
judge acts in both capacities. 

318. Escheat.— The passing of title of real 
estate to the State by reason of the failure of 
heirs to claim the same. 

319. Evidence.— What is legally submitted 
to a court as a means of proving or disprov- 
ing matters of fact. 

2. The judge decides what evidence is admis- 
sible. 

3. The jury decides what weight to attach 
to evidence. 

4. Direct Evidence is evidence given on the 
witness' own personal knowledge of facts. 

5. Circumstantial or indirect evidence is ev- 
idence inferred from circumstances, or from 
facts proven. 

6. To turn States evidence is to testify 
against one's accomplices with the express or 
implied understanding that the witness him- 
self will not be prosecuted. 

320. Exceptions. — Objections made by an 
attorney to rulings of the judge in the course 
of a trial, and recorded, to be used as grounds 
for appeal in case of defeat. 

321. Excise. — Any indirect tax or duty on 
imports (407) and exports (332). A tax on 
certain home products, as tobacco and spirit- 
uous liquors; on national banks, on licenses to 
deal in certain commodities, etc. 



FACTS IN CIVIL GOVERNMENT 89 

2, Excise duties make up our internal reve- 
nue (428). 

3. Excise must be uniform throughout the 
United States. 

322. Execution, Writ of. — A writ issued for en- 
forcing the decree of a court in a civil action; 
as to seize and sell property to satisfy a judg- 
ment. 

328. Executive.— (a) The chief officer who 
adm misters the laws of a government; as 
president, governor, etc. 

.(ft) -One of the three departments of gov- 
ernment, the other two being the legislative 
and the judicial. 

324. Executive Departments.— The Executive 
Departments of the United States govern- 
ment are eight in number, to- wit: 

1. Department of State, which looks after 
the correspondence of the government; it has 
charge of all the relations of the government 
with foreign countries. Its chief officer is 
the Secretary of State. (See Cabinet, 116.) 

2. Department of the Treasury, which has 
charge of the financial affairs of the govern- 
ment; of the collection, the safe-keeping and 
the disbursement of the national revenue; of 
the national banks, the coinage of money, etc. 
Its chief officer is the Secretary of the Treas- 
ury. 

(2) The Bureau of Printing' and Engraving, 
which attends to the printing of all public 
documents, etc., is under this department. 

3. War Department, which has charge of the 
military forces of the government, and of the 



90 FACTS IN CIVIL GOVERNMENT 

signal service (730). Its chief officer is the 
Secretary of War. 

4. Department of Justice, which furnishes 
legal advice to the President and the Cabinet 
officers, and has general supervision of Unit- 
ed States Marshals and District Attorneys 
throughout the Union. 

(2) Its chief officer is the Attorney General, 
who personally conducts all suits, in the Su- 
preme Court, in which the government is in- 
terested. 

5. Post Office Department, which has charge 
of the entire postal service of the Union, both 
at home and with foreign countries. 

(2) It establishes post offices, awards con- 
tracts for carrying the mail, makes postal 
treaties (624) with other nations, etc. 

(3) Its chief officer is the Post Master Gener- 
al. He is aided by four Assistant Post Mas- 
ters General. He appoints all Post Masters 
receiving less than $1,000 per year, the Presi- 
dent appointing all others. 

6. Department of the Navy, which has 
charge of the navy (548) of the government, 
the construction of war vessels, coast surveys, 
etc. Its chief officer is the Secretary of the 
Navy. 

7. Department of the Ulterior, which has 
charge of the home affairs of the country, such 
as (a) Pensions, (b) the Census, {c) Public 
Lands, (cl) Patents, (e) the Indians, (/') Edu- 
cation, (g) Public Documents, (h) Copyrights, 
(i) Railroads that have received loans or sub- 
sidies (782) from the United States, (./') Surveys, 



FACTS IN CIVIL GOVERNMENT 91 

etc., Its chief officer is the Secretary of the 
Interior. 

8. Department of Agriculture, which has 
charge of the interests of agriculture in the 
United States, collecting and distributing 
seeds, plants, agricultural information, etc. 
Its chief officer is the Secretary of Agriculture. 

9. Other inferior departments set apart to 
themselves and not represented in the Cab- 
inet are: 

(i) The Department of Labor, which col- 
lects and publishes labor statistics. 

(2) The Civil Service Commission (161), 

(3) The Commission of Fish and Fisheries, 
which has charge of the preservation and im- 
provement of fish in the waters of the Union. 

(4) The Interstate Commerce Commission 
(431,2). 

325. Executive Mansion.— The White House 
(849). 

326. Executor* — A man appointed by the 
testator himself in his will to carry out its 
provisions after his death. 

2. An executor generally acts as to both 
personal and real property; an administrator 
(11), only as to personal property. 

327. Executrix, — Feminine of Executor (326). 

328. Exequatur. — An official written recog- 
nition of a consul or commercial agent, by 
the government to which he is accredited^ 
authorizing him to act in his official capacity 
in that country. 

329. Ex Officio.— By virtue of office; as, the 
Vice-President is ex officio President of the 

7 



!J2 FACTS IN CIVIL GOVERNMENT 

Senate. 

330. Ex Parte. — From one side only; as an 
affidavit, which is made by one person with- 
out cross-examination. 

331. Expatriation. — The renouncing alle- 
giance (24) to one's own country. 

2. It is required of foreigners (359) when 
they become naturalized (544). 

332. Exports. — Goods shipped out of a coun- 
try to other countries. 

333. Ex post -facto Law.— A law which makes 
an act punishable in a manner in which it 
was not punishable when it was committed. 
— U. S. Supreme Court. 

2. The Constitution prohibits Congress and 
the States from passing such laws. 

3. It refers to criminal cases only. 

334. Exterritoriality. — Freedom from the 
jurisdiction of a foreign country while resid- 
ing within its territorial limits. 

2. Diplomatic agents enjoy the privilege of 
exterritoriality (283, 10). 

335. Extradition.— The delivery of a fugitive 
from justice by the authorities of one state or 
country to the authorities of another hav- 
ing jurisdiction of the crime. 

2. The Constitution provides for extradition 
between the States. The Supreme Court, how- 
ever, has decided that it is not compulsory. 

3. Different countries provide by treaties 
for extradition. 

4. Congress provides that before a fugitive 
shall be delivered to a foreign country, he 
shall have a hearing s before a Federal or 



FACTS IN CIVIL GOVERNMENT 93 

State Judge, or a Commissioner, who reports 
the finding to the Secretary of State, who, 
if a case be made, issues an executive warrant 
for the delivery of the criminal to the author- 
ities of the foreign government making the 
demand. 

336. Father of the Constitution. — James 
Madison. 

337. Father of the House. — The member of 
the House of Representatives who has served 
the longest time in the House. 

338. Federal Courts.— The National judicial 
system consists of four grades of courts as 
follows: one Supreme Court (787), nine Circuit 
Co urts of Appea is ( 145 ) , nine Circ uit Co urts 
(146), and over sixty District Courts. 

2. The Constitution provides for a Supreme 
Court, but leaves to Congress the establish- 
ment of the inferior courts. 

8. The orders and processes issuing out of 
Federal Courts, are binding throughout the 
entire Union. 

4. The Circuit and District Courts have 
grand juries and trial juries; the others do 
not. 

5. A case must be tried in the State where 
the cause arises. 

6. A Federal Court, as nearly as possible, 
follows the procedure of the courts of the 
State in which it is held. 

7. Citizens of a Territory or of the District 
of Columbia cannot bring suits in the Feder- 
al Courts; but cases may be appealed from 
their courts to the Supreme Court. 



J)4 FACTS IN CIVIL GOVERNMENT 

8. Neither a State nor a citizen can sue the 
United States without special permission 
granted by an act of Congress; nor can a cit- 
izen sue a State without such permission 
from its Legislature, and in neither case > can 
a verdict be enforced. 

9. The Federal Courts may try: 

, (I) All cases arising under the Constitution 
the Statutes of Congress, and treaties. 

(2) All cases affecting Ambassadors and 
other foreign Ministers and Consuls. 

(S) All Admiralty and Maritime cases, — 
that is, cases affecting naval officers and sea 
affairs generally. 

(4) All controA^ersies to which the United 
States is a party. 

(5) Controversies between two or more 
States. 

(6) Suits between a State and citizens of 
another State. 

(T) Suits between citizens of different States. 

(8) Suits between citizens of the same State 
claiming lands under grants from different 
States. 

(9) Suits between a State or its citizens and 
a Foreign State or its citizens. 

10. Congress also provides for the following 
special courts, which are not Federal Courts: 
Consular Courts (219); Court of the District 
of Columbia (797,18,5);. Territorial Courts 
(797,5-8); Court of Claims (241); Courts Mar- 
tial (240); and Military Courts (512). 

339. Federalist, The.— A series of eighty-five 
essays written by Hamilton* Madison and 



FACTS IN CIVIL GOVERNMENT 9o 

Jay, in 1787-88, explaining- and defending the 
Constitution while its ratification, which it 
aided very much to secure, was yet in ques- 
tion. Hamilton wrote fifty-one, Madison 
twenty-six, and Jay five; the other three were 
written by them jointly. They form one of 
the best commentaries on the Constitution 
extant. 

340. Federal Judges. — There are three grades 
of Federal Judges — Supreme Judges, Circuit 
Judges, and District Judges. 

2. There are nine Supreme Judges, eighteen 
Circuit Judges, and over sixty District Judges. 

3. All these are appointed by the President 
with the consent of the Senate. 

4. Circuit Judges sit in Circuit Courts of Ap- 
peals (145) and Circuit Courts. 

5. They hold office during good behavior. 
The only way in which a Federal Judge may 
be removed from office, is by impeachment. 

6. Any Federal Judge seventy years of age, 
who has served ten years, may retire on full 
pay. 

7. The salaries of Federal Judges are fixed 
by Congress and may be increased, but not 
diminished, during their continuance in office. 

8. The Chief Justice of the United States re- 
ceives $10,500 per year; Associate Justices, 
$10,000 each; Circut Judges $6,000 each; 
and District Judges, from $3,500 to $5,000 each. 

341. Federal Union. — An inseparable union 
of States forming one grand government of 
all the people of all the States; as the govern- 
ment of the United States. 



96 FACTS IN CIVIL GOVERNMENT 

342. Federation. — A confederacy. A league of 
independent allied States. 

348. Fee Simple. — An absolute tenure or 
ownership of real estate. 

344. Felony.— A crime punishable by death 
or by impriso nment in the State prison. 

2. To compound a felony, is to agree, for a 
consideration, not to prosecute a felon. 

3. The person so agreeing, is liable to in- 
dictment. 

845. Feudalism. — A system of government in 
which the king is considered proprietor of all 
lands, which he distributes among vassals, 
who let them out to their subordinates, on 
condition that in each case the inferior ren- 
ders military duty to the superior. 

2. The system flourished in Europe during 
the latter half of the Middle Ages. 

346. Fiat Money. —Paper money not redeem- 
able in specie, and the purchasing power of 
which depends alone on the tint or decree of 
the government issuing it. 

347. Fiduciary.— One who holds money or 
property in trust for another; as an adminis- 
trator, guardian, etc. 

348. Filibustering. — (a) Delaying legisla- 
tion by consuming all the time making dila- 
tory motions (279). 

(h) Prosecuting unauthorized military ex- 
peditions for the sake of plunder. 

349. Fire Eater. — A name applied to one en- 
tertaining extreme southern views. 

350. Flag. — The Stars and Stripes, the sym- 
bol of national sovereignty, was adopted by 



FACTS IN CIVIL GOVERNMENT 97 

the Continental Congress June 14th, 1777. 

2. It consisted of thirteen stripes and thir- 
teen white stars on a blue field. 

3. It was recommended by Washington and 
a committee appointed by Congress. 

4. Mrs, Betty Ross, of Philadelphia, made 
the first national flag. 

5. The Stars and Stripes were used previous 
to 1777, but with the British union. 

6. In 1794, with the addition of two States, 
the stars and the stripes were increased to 
fifteen each, and remained so until 1818, when 
the number of stripes was permanently de- 
creased to thirteen, with a star for each 
State. There are seven red stripes and six 
white ones. 

351. Flag Ship. — The ship that carries the 
flag of the commanding officer of a fleet, and 
to which all the other ships must look for 
orders- It is usually the largest of the fleet. 

352. Floating Debt. — Debt not secured by 
b onds payable at a fixed time. 

353. Folk-Moot.— An assembly of the people 
in 'general, in colonial days, met to discuss 
public matters and to try eases. 

354. Force Bill.— (a) The Bloody Bill (89). 

(b) A bill which became a law in 1870, pro- 
viding for the enforcement of the loth Amend- 
ment, by punishing all attempts at intimida- 
tion and bribery in elections in the reconstruct- 
ed States, (c) A similar but more stringent 
law of 1871, aimed at the Ku-Kluk-Klan and 
similar organizations. 

355. Foreclosure* — The selling of mortgaged 



98 FACTS IN CIVIL GOVERNMENT 

property according to law. 

356. Foreigner. — An alien (22). 

356;*. Foreign Trade. — The trade or com- 
merce carried on with other countries. 

357. Fort. — A fortified place where soldiers 
are lodged. 

358. Forgery. — The unlawful making' or al- 
tering of any writing; with intent to defraud 
another. 

2. All the States make forgery a felony (344) 
by statute. 

359. Franchise. — {a) A particular right or 
privilege granted by a sovereign (746) or a 
government to individuals. 

( //) An exemption from ordinary jurisdic- 
tion. 

360. Franking Privilege. — The privilege of 
sending matter through the mails without 
paying postage. 

2. It was formerly granted to the President, 
the Vice-President, Cabinet officers, Delegates; 
(267), Members of Congress, and a few others. 
Also, at different times, to ex-Presidents and 
widows of Presidents, for life. 

3. The privilege was abolished in 1878. 

4. By act of 1877, official letters and docu- 
ments may be sent from the Departments 
free, and Congressmen may receive and send 
free, all documents printed by Congress. 

5. It is now povided that "The Vice-Presi- 
dent, Members and Members-elect of and Del- 
egates and Delegates-elect to Congress shall 
have the privilege of sending free through the 
mails, and under their frank, any mail mat- 



FACTS IN CIVIL GOVERNMENT 99 

ter to any Government official or to nny per- 
son, correspondence, not exceeding* one ounce 
in weight, upon official or departmental busi- 
ness." This applies to all officers of the Unit- 
ed States government; but it does not apply 
to private mail matter in any case. 

361. Fratricide.— (a) The crime of killing- 
one's own brother. 

(b) One who kills his' own brother. 

362. Fraud. — Intentional deceit wilfully 
practiced for the purpose of gaining an unlaw- 
ful or an unfair advantage over another. 

2. Deliberate fraud makes a contract inval- 
id. 

363. Fraudulent Conveyance. — The transfer 
of the title of property to one person with in- 
tent to defraud another; as to transfer prop- 
erty to defraud a creditor. 

364. Free Coinage.— The coining of all stand- 
ard bullion (759) into money for the benefit 
of the owner of the bullion without charge 
for coining. 

2. In this country, there is free and unlimit- 
ed coinage of gold, but not of silver. 

3. If the bullion deposited be not standard, 
the actual cost of making it standard, is charg- 
ed. 

4. The mint may, but seldom does, refuse to 
coin gold bullion of less value than $100. 

365. Freedman. — One who has been a slave 
and has been set free; as the negroes in the 
United States. 

366. Freedman's Bureau. — A bureau estab- 
lished by Congress in 1865 for the relief and ed- 



100 FACTS IN CIVIL GOVERNMENT 

ucation of emancipated negroes. 
2. It was abandoned in 1870. 

367. Freeholder.— One who holds a title to 
real estate, either in fee simple or for life. 

368. Free Silver.— The free coinage (364) of 
silver. 

2. It is not practiced in the United States. 

369. Free Trade.— The theory that all com- 
merce should be free and unrestricted by any 
tariff regulations or requirements whatever. 

370. Free Trader. — One who believes in the 
theory of free trade. 

371. Functions of Government. — (1) To make 
laws — legislative; (2) to interpret and apply 
them — judicial; and (3) to enforce them — exec- 
utive. 

372. Funding. — The putting of floating debt 
into the form of interest-bearing bonds with 
a definite time for maturity. 

373. Fusion.— The combining of two or more 
political parties to carry an election. 

374. Gag-Rule. — A rule adopted by Congress 
in 1836, on motion of John C. Calhoun, to ta- 
ble all anti-slavery petitions without debate. 

2. It was abolished in 1844. 

375. Gerrymander.— To divide a State into 
districts in an unnatural way, for the purpose 
of giving the party controlling the Legislature, 
an unfair advantage in the election of Repre- 
sent atives. 

2. The practice was so called from Elbridge 
Gerry, who was Governor of Massachusetts 
when gerrymandering was introduced there, 
though he opposed it. 



FACTS IN CIVIL GOVERNMENT 101 

3. Gerrymandering gave us the famous ' 'Shoe 
String District' ' of Mississippi, 250 miles 
long and 30 miles wide; and a district in Mis- 
souri longer, when measured along its curves, 
than the State itself. 

376. Gifts. — No person holding any office of 
profit or trust under the United States, shall, 
without the consent of Congress, accept any 
present, emolument, office, or title of any kind 
whatever, from any king, prince or foreign 
state. 

2. Congress has occasionally, by special acts, 
given such consent. 

3. Many valuable gifts have been presented 
to United States officers, but they could not 
be accepted, and were turned over to the Na- 
tional Museum. 

4. President Van Buren was once presented 
by a foreign ruler, with some very costly jew- 
els, which are yet to be found in the Nation- 
al Treasury. 

377. Gold Bugs. — Those who favor gold as 
a single standard of money value. 

378. Gold Standard.— The legalized use of 
gold alone as the standard of money values. 

379. Government. — Controlling power; the 
power that makes, interprets and executes 
the laws; the power that rules a body politic. 

( Democracy, 

2. General Classes <! Monarchy, 

( Aristocracy. 

3. A Democracy is a government in which 
the supreme ruling power is vested in the 
people. 



102 FACTS IN CIVIL GOVERNMENT 

(i?) A pure or absolute democracy is a gov- 
ernment in which all the legal voters, in mass 
meetings, conduct the affairs of government. 

(3) A representative democracy or republic, 
is a government in which the laws are made, 
interpreted and executed by rej>resentatives 
regularly elected by the people. 

4. A Monarchy is a government in which 
the ruling power is vested in one person called 
a monarch. 

(2) An absolute monarchy is a monarchy 
whose ruler has absolute, unlimited power. 

i -7) A limited or constitutional mondrchy is 
a monarchy in which the powers of the ruler 
are limited by a constitution. 

(4) \nelective monarchy is a monarchy in 
which the ruler is elected for life by the peo- 
ple or by representatives. 

(.7) A hereditary monarchy is a monarchy in 
which the ruler inherits the throne. 

(6) A despotism is an absolute monarchy 
ruled by a cruel tyrant called a despot. 

(f) A patriarchy is a monarchy in which the 
patriarch or father exercises absolute power 
over his decendants or tribe. This was the 
first form of government. Abraham was a 
patriarchal ruler. 

(8) A theocracy is a monarchy in which the 
laws are received directly from God. The gov- 
ernment of the Hebrews was theocratic in 
form. 

5. An Aristocracy is a government in 
which the power is exercised by a select few 
who inherit it; or are appointed to oihee on 



FACTS IN CIVIL GOVERNMENT 103 

account of their rank or wealth, or both. 

6. An oligarchy is a government adminis- 
tered by a few self-appointed persons. 

7. A hierarchy is a government administer- 
ed by ecclesiastical rulers arranged according 
ti rank. 

8. A plutocracy is a government adminis- 
tered by the wealthy classes. 

9. Some governments are combinations of 
two or more of the foregoing forms. 

380. Government Printing Office.— The print- 
ing offiice under the control of Congress, where 
the laws of Congress, messages, reports of of- 
ficers, and, in short, all public printing is 
done. 

2. Formerly, the government hired the pub- 
lic printing done; but the extortionate 
prices charged forced Congress to establish 
this office in 1860. 

3. A public printer is appointed by the Pres- 
ident to superintend the printing and binding: 
done for Congress, for all the deparments, and 
for the United States Court. 

381. Governments of the World. — 

1. AFRICA. 

Abyssinia, Kingdom. 

Algeria, French Colony. 

Cape of Good Hope, British Colony. 

Egypt , Empire. 

French Kongo, French Territory. 

German East Africa,... German Protectorate. 

Kamerun, German Protectorate, 

Kongo Free State, Belgian Colony. 

Liberia, Republic. 



104 FACTS IN CIVIL GOVERNMENT 

Madagascar Kingdom. 

Morocco, Empire. 

Natal British Colony. 

Niger Territories, British Territories. 

Orange Free State, Republic. 

Free State of E. Africa,.... Portuguese Colony. 
Portuguese W. Africa, . .Portuguese Territories. 

Senegal French Colony. 

Sierra Leone, British Colony. 

South African Republic, Republic. 

Togoland, German Protectorate. 

Tripoli, Turkish Province. 

Tunis, French Protectorate. 

2. ASIA. 

Afghanistan, Empire. 

Bhotan Kingdom. 

Ceylon, British Colony. 

China, Empire. 

Dutch East Indies, Dutch Colony. 

French India, French Colony. 

French Indo-China; French Dependencies. 

H ongkong, British Colony. 

India, , Empire. 

Japan, Empire. 

Korea, Empire. 

Nepal, Kingdom. 

Oman, Empire. 

Persia, Kingdom. 

Philippine Islands, American possessions un- 
der military rule. 

Russia, Asiatic, Empire. 

Samos, Turkish Principality. 

Siam, Kingdom. 

Turkey in Asia , i Empire. 



FACTS IN CIVIL GOVERNMENT 105 

3. EUROPE. 

Andorra Republic. 

Austria-Hungary, Empire. 

Belgium, Kingdom. 

British Isles, Kingdom. 

Bulgaria, Principality. 

Denmark, Kingdom. 

France, Republic. 

Germany, Empire. 

Greece, Kingdom. 

Italy, Kingdom. 

Luxemburg, Grand Duchy. 

Monaco, P rincipality . 

Montenegro, Principality. 

Netherlands, Kingdom. 

Norway, Kingdom, 

Portugal, : Kingdom. 

Roumania, Kingdom. 

Russia, Empire. 

San Marino, Republic. 

Servia, Kingdom. 

Spain, Kingdom. 

Sweden, Kingdom. 

Switzerland, Republic. 

Turkey, Empire. 

4. NORTH AMERICA. 

Bahamas, . . . . .British Colony. 

Barbadoes, British Colony. 

Bermuda, British Colony. 

Canada, British Colony. 

Costa Rica, Republic . 

Cuba, Independent, under U. S. protection. 

Guatem ala, Republic . 

Haiti Republic. 



106 FACTS IX CIVIL GOVERNMENT 

Honduras, Republic. 

Honduras, British, British Colony. 

Jamaica British Colony. 

Mexico Republic. 

XeAvf < mndland, British Colony. 

Nicaragua Republic. 

Puerto Rico, American possession under mili- 
tary rule. 

Salvador Republic. 

Santo Domingt >, Republic. 

United States Republic. 

.7. OCEANIC A. 
Bismarck Archipelago, German Protectorate. 

Fiji, British Colony. 

Hawaii, United States possession with pro- 

visi ona 1 government. 
Kaiser Wilhelm's Land, German Protect- 
orate. 

Marshall Islands, German Protectorate. 

New Ca led onia French Colony. 

New Guinea British Colony. 

New Hebrides, Independent. 

New South Wales, British Colony. 

New Zealand, British Colony. 

Queensland British Colony. 

Samoa, Kingdom, 

Society Islands. French Colony. 

Solomon Islands, German Protectorate. 

South Australia, British Colony. 

Tasmania, British Colony. 

Tonga, Kingdom. 

Victoria , British Colony. 

Western Australia, British Colony. 



FACTS IN CIVIL GOVERNMENT 107 

6. SOUTH AMERICA. 

Argentine Republic, Republic. 

B( >li via, , ... Republic. 

Bra zi 1 , Republic . 

Chili, Republic. 

Colombia, *. . Republic. 

Ecuador, Republic. 

Guiana, British, . British Colony. 

Gu i ana, Dutch Dutch Colony, 

Guiana, French, French Colony. 

P a raguay , Republic. 

Peru, Republic. 

Uruguay Republic. 

Venezuela Republic. 

382. Governor. — The chief executive officer 
of a State -or a Territory. 

2. All State Governors are elected by direct 
vote. Territorial Governors are appointed 
by the President (707,2). 

8. In general, the duties and powers of a Gov- 
ernor in his State, are identical with those of 
the President of the United States (086). 

383. Grand Jury. — A jury that inquires into 
accusations of crime against persons, and de- 
termines whether the evidence against them 
warrants a new trial or not. 

2. It acts only in criminal cases. 

3. Its sessions are secret. 

4. It never tries cases. 

5. It makes indictments (415) or present- 
ments (630). 

6. It is called in each county several times 
a year. 

7. It usually requires twelve to make an in- 

8 



ION FACTS IN CIVIL GOVERNMENT 

dictment. 

8. The number of grand jurors as a rule var- 
ies in the different States from twelve to 
twenty-three. Oregon has but seven. 

9. No person, except in the army or navy, 
or in the militia in active service, can be tried 
for a grave crime against the United States 
without first being indicted (4 15). Most State 
constitutions make the same provision. 

10. Petty State crimes may be tried with- 
out indictment. 

11. The United States Supreme Court holds 
that the first ten Amendments do not apply 
to the States; hence States may try State 
crimes without indictment by a grand jury. 

12. A few States have no grand juries; in 
some, grand juries are summoned only upon 
the request of the court. 

13. No witness for the accused is examined 
by the grand jury. 

14. The judge appoints the foreman, or the 
jury elects one. 

15. The grand jury of the United States Cir- 
cuit Court has jurisdiction over crimes com- 
mitted in any of the States comprising the 
circuit; that of a United States District Court 
acts for the district. 

383a. Grand Model.— The fundamental Con- 
stitution of Carolina. A very elaborate con- 
stitution framed by John Lock and Lord 
Shaftsbury (1669) for the government of Car- 
olina (now North and South Carolina.) 

2. They pronounced it the most perfect 
work of the kind that ever emanated from 



FACTS IN OIVIT, GOVERNMENT 109 

the human mind, and said that it would con- 
tinue to be the sacred and unalterable form 
and rule of government forever. 

3. It gave to the nobility all power, and to 
the common people nothing, and of course it 
was an utter failure. 

384. Greenbacks. — The popular name for the 
legal tender treasury notes or promises to 
pay money, issued during the Civil War. They 
depreciated greatly until 1879, when they 
were made redeemable in gold and silver. 

385. Guardian. — One who has legal charge 
of the person and property of another. 

386. Guerrillas. — Small maurauding bands 
under a leader or chief, who carry on petty 
and irregular warfare. 

2. J. H. Morgan was a most noted guerrilla 
chief of the Civil War. 

3. The practice originated in Spain. 

387. Guild* — A privileged association of men 
of the same occupation, which marked socie- 
ty lines in early days, when to be a citizen, 
one must belong to a guild, the door to 
which was long apprenticeship. 

388. Habeas Corpus. — A writ issued by a 
Judge, commanding a person holding another 
in custody, to bring the prisoner before him 
that he may examine into the legality of the 
imprisonment. 

5. If he find the imprisonment illegal, he will 
release the prisoner; otherwise he will send him 
back to prison. 

3.The Judge does not try the case under the 
writ of habeas corpus; he merely inquires into 



110 FACTS IN CIVIL GOVERNMENT 

the legality of the imprisonment. 

4. To secure a writ of habeas corp us, the pris- 
oner, or some person for him, applies to a 
Judge for a writ, making oath that the im- 
prisonment is illegal, and setting forth the 
facts in the case. 

5. It is a writ of right, and not a writ of 
course; and the Judge will not issue it, if to 
his mind, the facts set forth in the case do not 
Avar rant it. 

6. The privilege of the writ of habeas corpus 
shall not be suspended unless when, in cases 
of rebellion or invasion, the public safety may 
require it. 

. 7. The Constitution does not state who 
shall have the power to suspend the privilege 
of the writ. It was first suspended during the 
Civil War (1861), by President Lincoln. 

8. Then, in 1861, Congress suspended it in 
nine counties, in South Carolina in order to 
suppress the Ku-Klux Klan. 

9. The object of the writ is to prevent un- 
lawful imprisonment. It is the great safe- 
guard of personal liberty. It distinguishes the 
free government from the despotism (278*). 

389. Hard Cider Campaign.— The presiden- 
tial campaign of 1840. 

2. It is also called the Log Cabin Campaign. 

890. High Seas.— That part of the ocean 
common to all nations, and lying beyond 
three miles from the coast line. 

391. Holograph or Olograph.— Any document, 
as a deed, letter, will, etc., written entirely by 
the hand of the person whose thoughts, wish- 



FACTS EN CIVIL GOVERNMENT 111 

es or intentions it sets forth; as a holograph- 
ic will, etc. 

392. Home Department. — Department of the 
Interior (323 7). 

393. Homestead Law.— A law passed in 1862, 
giving any citizen 160 acres of public land 
free, on the payment of certain small fees, and 
five years of continuous residence on the land. 

394. Homicide. — The killing of one human 
being by another. 

2. Homicide may be feloneous, as murder 
or manslaughter; excusable* and in self -defense, 
as in the defense of property, etc; or justifia- 
ble, as the legal execution of a criminal. 

395. House of Burgesses.— The legislative 
body of Virginia from 1619 to 1774. 

2. It was the first representative body in 
America. 

396. House of Commons. — The lower house 
of the British Parliament, consisting of 670 
representatives elected for a term of seven 
years, unless Parliament be sooner dissolved 
by royal proclamation, which has always 
happened thus far. 

2. Members receive no pay. 

3. The Commons elect their own Speaker 
and other officers. 

4. Forty members constitute a quorum 
(662). 

5. The Commons virtually control legisla- 
tion in general. 

6. Of the 670 members, England elects 465; 
Scotland, 72; Wales, 30; and Ireland, 103. 

7. All revenue bills must originate in the 



112 FACTS IN CIVIL GOVERNMENT 

House of Commons. 

397. House of Lords. — The upper house of 
the British Parliament, composed of the 
whole body of 489 English peers (588); 16 Scot- 
tish representative xx^ern elected by the whole 
body of Scotch peers, {of whom there are 85,) 
to serve for one term; 28 Irish representative 
peers elected by the 177 peers of Ireland, to 
serve for life; and the two Archbishops and 24 
Bishops of England, called lords spiritual, 
who hold seats in Parliament by virtue of 
their offices, the same as English peers — in 
all, 559 members at present. 

2. Members receive no pay. 

3. The number of Scottish and Irish peers is 
limited by statute. 

4. The Lord Chancellor of England is always 
Speaker of the House of Lords. 

5. Though the House of Lords is in theory 
co-equal with the House of Commons, it is in 
reality much inferior in authority. 

398. House of Representatives. — The lower 
and more numerous branch of Congress; and 
in some States, the name applied to the lower 
branch of the State Legislature. 

399. House of Representatives, U. S.— The 
lower and more numerous house of Congress. 

2. It is (1899) composed of 357 members. 

3. The first House consisted of 65 members. 

4. It has the sole power of impeachment 
(404). 

5. All bills for raising revenue must origin- 
ate in the House; but the Senate may propose, 
or concur in, amendments as in other bills. 



facts ix civil government 113 

6. A vacancy in a State's representation in 
the House is filled by a special election called 
by the Governor of that State. 

7. The House elects a President in case the 
Eletors fail to do so (636,3). 

8. The Clerk of the previous House presides 
until the Speaker is elected. If he can not pre- 
side, the Sergeant-at-Arms does so. 

9. The presiding officer is addressed as "Mr. 
Speaker," and is elected by the House from 
its own members. 

10. The Speaker can therefore vote on all 
questions. 

11. The House also elects a Clerk, a Sergeant- 
at-Arms, a Doorkeeper, a Post Master and a 
Chaplain, none of which are members. 

12. A very large number of subordinate offi- 
cers are appointed to assist these. 

13. The length of speeches in the House is 
limited by the House rules. 

14. The House makes its own rules of pro- 
cedure. 

15. An entirely new House is elected every 
two years. 

16. A member, (usually the ' -Father of the 
House,") administers the oath of office to the 
Speaker, who in turn administers it to the 
other officers of the House and to the other 
Representatives by States. 

17. Each daily session of the House is open- 
ed with prayer. 

18. The House can not adjourn for more 
than three days nor to another place of meet- 
ing without the consent of the Senate. 



114 FACTS IX CIVIL GOVERNMENT 

19. It is the judge of the elections, returns 
and qualifications of its own members. 

20. It has concurrent jurisdiction with the 
Senate in enacting laws. 

21. A yea and nay vote (859) must be tak- 
en if one-fifth of the members present demand 
it. 

22. The committees of the House (187,7) are 
appointed by the Speaker, and not elected as 
in the Senate. 

2:*. By a rule of the House, 15 members in- 
cluding the Speaker can compel the attend- 
ance of absent members. 

24. A majority of the members constitutes a 
quorum (662). 

25. The House represents the National idea 
in our government — the people; while the Sen- 
ate represents the Federal idea — the States. 

400. Hundred, — The smallest judicial dis- 
trict of England, made up of townships. 

2. It was supposed to contain a hundred 
families, or to furnish a hundred warriors; 
hence its name. 

3. It has lost its judicial element, and the 
name now applies only to the district. 

4. The term was transplanted to America, 
and one State — Delaware — still retains it; but 
it means the same as township there. 

44)1. Hundred Court or Hundred Moot.— The 
court of the Hundred; a representative body 
composed of the lords of the lands in the Hun- 
dred, with the reeve, the parish priest, and 
the "four best 111611" from each township. 

402. Hundredman. — Chief magistrate of the 



FACTS IN CIVIL GOVERNMENT 115 

Hundred; called later, the high constable. 

493. Immunes. — A term applied to volun- 
teer soldiers in the Spanish-American War 
who, having* had the yellow fever, or having 
been exposed to it without taking it, were 
considered proof against the fever and enjoy- 
ed immunity from adverse climatic conditions 
of the tropics. 

•404. Impeachment. — A formal accusation or 
charge brought against a public officer for 
''treason, bribery, or other high crimes and 
misdemeanors." 

2. In Congress, the House of Representatives 
has the sole power of impeachment, and pro- 
ceeds as follows: 

3. Upon formal complaint to the House, an 
-investigating committee is appointed. If it 

reports in favor of impeachment, the House 
votes on the question, and if a. majority favor 
impeachment, articles of impeachment are 
prepared, and a committee is appointed to 
prosecute the case before the Senate. 

4. The Senate has sole power to try im- 
peachments. 

5. When sitting for the purpose, Senators 
must be under specfetl oath or affirmation. 

6. When the President of the United States 
is tried, the Chief Justice presides; because 
the Vice President is an interested party. 

7. It requires a two-thirds vote of the mem- 
bers present to convict. 

8. Judgment in case of impeachment shall 
not extend further than to removal from office, 
and disqualification to hold and enjoy any 



116 FACTS IN CIVII^ GOVERNMENT 

office of honor, trust, or profit under the Unit- 
ed States. 

9. But the party convicted shall, neverthe- 
less, be liable and subject to indictment, trial, 
judgment and punishment, according* to law. 

10. The judgment need not necessarily ex- 
tend to both removal and disqualification. 

11. The President, Vice-President, and all 
civil officers of the United States, are liable to 
impeachment. 

12. Congressmen are not considered civil of- 
ficers and therefore can not be impeached. 

13. The President can not pardon or reprieve 
in cases of impeachment; but he can pardon 
and reprieve in all other cases against the 
United States. 

14. In the case of State officers, the lower 
House of the State Legislature impeaches, and 
the State Senate tries the impeachment. 

405. Imperialism,— The spirit or desire to ac- 
quire an empire; imperial power or govern- 
ment. 

406. Implied Powers of Congress. — Those 
powers only that are necessary to carry out 
the express powers. (See Elastic Clause, 297.) 

407. Imports. — Goods shipped into a coun- 
try from other countries. 

408. Impost. — A tax or duty. As used in the 
Constitution, a duty on imported goods. 

409. Impressment. — The act of seizing men 
and of forcing them into public service; as the 
British impressment of American seamen, 
which was one cause of the War of 1812. 

410. Inauguration.— The act of introducing 



FACTS IN CIVIL GOVERNMENT 1]7 

into office with formal ceremonies. (Inaugu- 
ration of President and Vice-President, 636j26). 

411. Income Tax. — A certain per cent levied 
upon all annual incomes exceeding a certain 
amount. 

2. Such a tax was collected but once, (1861- 
71) in which case the Supreme Court decided 
that it tv as not a direct tax within the mean- 
ing of the Constitution. 

3. In 1894, an income tax was laid for a sec- 
ond time, but the Supreme Court, by a vote 
of live to four, pronounced it unconstitution- 
al in its proposed form, on the ground that it 
was a direct tax and that therefore it had to 
be apportioned among the States according 
to population (792,7). 

412. Indemnity.— Compensation for loss or 
injury sustained, or security against loss or 
damage; as, in war, the successful nation may 
require the conquered power to pay an indem- 
nity. 

413. Indenture. — A written agreement be- 
tween two or more parties, of which, each 
party usually retains a copy. 

414. Independence Hall.— The hall in Phila- 
delphia where the Declaration of Independence 
was sighed, July 4th, 1776. 

415. Indictment. — A formal written accusa- 
tion of crime made by a grand jury (383) 
against a certain person. 

2. The prosecuting officer frames a bill of in- 
dictment (82) and sends it to the grand jury, 
who examine witnesses (855), and the foreman 
(383,13) writes across it: "a true bill," if the 



118 FACTS IN CIVIL GOVERNMENT 

jury agrees to the indictment: otherwise, he 
indorses it "not found." 

3. No person in civil life can be tried for a 
capital or otherwise infamous crime against 
the United States, except on indictment. 

4. State criminals may be tried without in- 
dictment by a grand jury. 

416. Indorsement. — The writing on the back 
of a note or other negotiable paper transfer- 
ring it to some one else. 

2. Indorsement in full, — the writing of one's 
name on the back of a note, etc., with an or- 
der to pay to some particular person. 

3. Indorsement in blank, — the writing of 
one's name simply, on the back of a note, 
check, etc., by which the paper is made pay- 
able to the bearer. 

417. Indorser. — One who writes his name on 
the back of a note, check, draft, order, etc., 
as a receipt, or as a guarantee of payment. 

2. An indorser must be notified of the non- 
payment of an obligation when it becomes 
due, or his liability ceases. 

418. Infamous Crime. — Held by the Supreme 
Court to be a crime punishable by imprison- 
ment at hard labor for a number of years. 

419. Infant. — Any person not of legal age; a 
minor. 

420. Infanticide.— (#) The killing of ayoung 
child. 

(/>) A child murderer. 

421. Infantry. — A body of foot soldiers. 

422. Initiative.— The right to originate or 
propose laws or measures. 



FACTS IN CIVIL GOVERNMENT 119 

2. The House of ^Representatives possesses 
the initiative in the case of revenue bills ( 696 ) . 

3. In some cantons in Switzerland, a certain 
number of people may propose laws, which 
must be submitted to the popular vote for 
ratification or rejection. 

423. Injunction.— A writ issued by a court 
of equity (765,11), (sometimes by a court of 
law) requiring a person or persons to do, or 
not to do, a certain thing; usually the latter. 

424. Inquest. — A judicial inquiry or legal ex- 
amination into any civil or criminal matter. 

2. A coroner's inquest is an inquiry held by 
a coroner (230) before a jury, to inquire into 
the cause of a sudden or mysterious death. 

3. An inquest of office is an inquiry before a 
jury at the instance of a proper officer into 
matters involving the rights of tfie State. 

4. Grand inquest is a term sometimes ap- 
plied to the grand jury. 

425. Insolvent. — A bankrupt (73); one who 
is unable to pay his debts as they become due. 

426. Insurrection.— An open attempt by in- 
dividuals, to prevent the enforcement of law, 
by force of arms, with no intention to over- 
throw the government. 

427. Intercitizenship. — The mutual right of 
the citizens of each State "to all privileges 
and immunities of citizens of the several 
States." 

428. Internal Revenue.— That part of the 
national revenue that is derived from excise 
duties (321). • 

2. For the collection of internal revenue, the 



120 FACTS IN CIVIL GOVBKNMKNT 

whole country Is divided Into collection dis- 
tricts, and a Collector of Internal Revenue Is 
appointed by the President, for each district. 

429. International Copyright.— The right of 
citizens of one country to secure copyrights 
in another as provided for by treaty (817). 

430. International Law or The Law of Na- 
tions. — The rules and customs recognized by 
civilized nations as regulating their mutual 
intercourse. 

2. It differs from all other law in that it is 
not the expression of a controlling will, and 
can not therefore be enforced except by war. 

.'{. Questions of dispute arising under inter- 
national law, are now usually settled by ar- 
bitration (39). 

431. Inter-State Commerce Act. — An act pass- 
ed bv Congress in 1887, to regulate inter-state 
commerce by railroads and all inter-state com- 
mon carriers. It does not affect railroads ly- 
ing wholly within a State. 

2. The provisions of the act are carried out 
by the Inter-State Commerce Commission ap- 
pointed for that purpose. 

432. Intestate. — One who dies without mak- 
ing a valid will. 

433. Intimidation. — The act of keeping vo- 
ters from the polls (617) by means of threats, 
etc. 

434. Iron -Clad Oath.— A special rigid oath of 
office prescribed by Congress in 1862, in accord- 
ance with Sec. 3, Amendment 14, of the Con- 
stitution, as a safeguard against the holding 
of office by secessionists or those who might 



FACTS IN CIVIL GOVERNMENT 121 

thereafter prove disloyal to the government. 

435. Invisible Empire or White League.— 
The Ku-Klux Klan (461). 

436. Jail. — A countv or local prison. 

437. Jeopardy.— Danger; peril; exposure to 
punishment. 

2. A person cannot be tried or put in jeop- 
ardy a second time for the same crime. 

438. Jingo.— One who advocates a spirited 
domineering policy in foreign affairs. 

2. It was in this sense first applied to the 
British party that favored the Franco-Rus- 
sian War of 1877-8. 

439. Jobbery. — The practice of turning offi- 
cial power to private advantage; as appoint- 
ing certain men to office, awarding public 
contracts, etc., for money or personal favors 
of some kind. 

440. Joint Ballot.— A ballot cast jointly by 
two distinct assemblies voting together as 
one body (445). 

441. Joint Committee.— A committee provid- 
ed for by a joint resolution, and composed of 
members of both branches of a legislative 
body. 

442. Joint Meeting. — A meeting of two dis- 
tinct bodies organized as one. 

443. Joint Resolution. — A resolution (691) 
adopted by the concurrent vote of both 
branches of a legislative assembly, and hav- 
ing the force of law. 

444. Joint Rule. — A rule of procedure adopt- 
ed by the concurrent vote of both branches of 
a legislative assembly. 



122 FACTS IN OIVTL GOVERNMENT 

445. Joint Session.— A joint meeting of two 
distinct assemblies organized as one body. 

44t>. Joint Stock Company.— An incorpora- 
ted company whose capital is divided into 
shares of a given amount, which are transfer- 
able at the will of the owners. 

447. Jud^e-Advocate-Gcneral.— The chief of- 
ficer of the bureau of military justice in the 
War Department, having the rank of Briga- 
dier General. 

(/>) The chief of the bureau of justice in the 
Navy, having the rank of Colonel. 

44S. Judgment.— The decision of a court 
of justice. 

44'). Judiciary.— (a) One of the three depart- 
ments of Government, in which the judicial 
power is vested. 

(/>) The whole system of courts of justice of 
a state or nation. 

450. Junto.— A cabal (115). 

451. Jurisdiction. — The legal authority or 
power of a court to hear and determine a case. 

2. Original Jurisdiction is the right or pow- 
er of a court to hear and determine a cause 
in the first instance. 

3. Appellate Jurisdiction is the right or pow- 
er of a court to hear and determine a cause 
after it has been tried in a lower court. 

452. Jurisprudence. — The science of law as 
administered in courts of justice. 

453. Jury.— A body of men legally selected 
and sworn to inquire into any matter of fact 
and render a true verdict (834) according to 
the evidence given in the case, and the law, as 



FACTS IN U1TIL. GOVERNMENT 123 

interpreted by the judge. 

Grand Jury (383); Petit or Trial Jury 
(595); Justice's Jury (456); Coroner's Jnry 
(231); Struck Jury (774). 

434. Justice of the Peace.— A judicial officer 
of the lowest grade, having local jurisdiction 
in minor civil and criminal cases. 

2. In most States, Justices of the Peace are 
elected by the voters of their magisterial dis- 
tricts; in a few, they are appointed by the 
Governor. 

.*>. Their term of office varies in the different 
States, from one to seven years. 

4. A Justice has jurisdiction throughout his 
county. 

5. He issues warrants for the arrest of of- 
fenders, and tries petty criminal cases; and 
civil cases when the amount involved does 
not exceed a certain amount, varying in the 
different States. He examines and acquits, or 
remands for trial in a higher court, those 
charged with grave offenses. He takes ac- 
knowledgments (9), sometimes acts as coro- 
ner, and has other duties which vary in the 
different States. 

455. Justice's Court.— A court presided over 
by a Justice of the Peace, — the oldest court 
we have. 

450. Justice's Jury. — A jury sworn to truly 
decide cases in a Justice's court. 

2. It consists of six members. 

3. In civil suits where the amount in contro- 
versy exceeds $20, either party may demand 
a jury. 



V24 facjts ix crvn, i^ovbknmrwt 

457. Kansas-Nebraska Bill.— A bill passed 
by Congress May 22nd, 1S."54 ? organizing Kan- 
sas and Nebraska as separate Territories and 
repealing the Missouri Compromise of 1820, so 

far as it related to them, leaving the question 
of slavery to l>e decided by the Territories re- 
spectively. The bill did much to hasten the 
war. 

458. Kidnap. — To steal a human being; to 
forcibly carry away a human being, as for 
purposes of slavery, etc. 

45?>. Kitchen Cabinet.— A select number of 
President Jackson's intimate friends who were 
accredited with having more influence with 
him than his official Cabinet had. 

4(>0. Knifing* — Secret and treacherous oppo- 
sition to a candidate by persons of his own 
party who pretend to support him. 

401. Kn-Klux Elan. — A secret political or- 
ganization of ex-Confederate soldiers in the 
South immediately after the Civil War (1868- 
71). 

2. Its pretended object was to preserve law 
and order, but its real object was to repress 
the political power of the negroes. 

8. In 1871, Congress passed the Ku-Klux 
Bill suspending the writ of habeas corpus in 
nine counties in South Carolina, called out the 
militia, and brought the combination to an 
end. 

4G2. Landslide. — An unexpected overwhelm- 
ing party majority given in an election. 

4G3. Larceny. — Theft. The unlawful taking 
and carrying away by one person, of the per- 



FA<1TH IN CIVIL (GOVERNMENT 125 

sonal property of another, with intent to per- 
manently deprive the owner of the same 
without his consent. 

2. Personal property alone is the subject of 
larceny. 

3. If the consent of the owner is obtained 
even by fraud, there is no larceny. 

4. Grand larceny is the taking of the per- 
sonal property of another, of or above a cer~ 
tain amount fixed by statute and varying in 
the different States- It is made a felony by 
statute. 

5. Petit larceny is the taking of the personal 
property of another of a value less than that 
prescribed by statute for grand larceny. 

(>. It is made a misdemeanor (523) by stat- 
ute. 

1. Compound larceny is larceny committed 
under aggravating circumstances; as to take 
goods directly from a house, or from the per- 
son of the owner. 

8. Simple larceny is larceny attended by no 
aggravating circumstances. 

464. Law. — A rule of conduct established t>y 
a controlling will. 

Ci vil la w ( 1 54 ) ; Co m m ercia 1 law (181); 
Com m o n law ( 189 ) ; Crim in a 1 la w ( 249 ) ; 
Club law (1(>1) : International law (430); 
Lynch law (488); Marine or Maritime law 
(499); Martial law(502); Military law (513); 
Municipal law (536); Statute law (770). . 

465. Leading* Question. — A question so framed 
as to suggest the answer desired or expected. 

% Such questions arc permitted in the crosg- 



12() FACTS IN fTIVrr, GOVERNMENT 

examination (250) of witnesses, but are not 
allowed in the examination in chief. 

466. League. — An alliance of two or more 
nations, states or colonies, for general or spe- 
cial governmental purposes. 

2. The first league formed in this country 
was the League of the New England Colonies, 
or "The United Colonies of New England" 
(Massachusetts. Connecticut, Plymouth, and 
New Haven) of 1048, for mutual protection 
against the Dutch, French and Indians. 

8. This League lasted 41 years, and its affairs 
were administered by an Assembly composed 
of two commissioners from each Colony. 

467. Lease. — The letting of lands and houses 
for a term of years, for life, or at will, for a 
fixed compensation. 

(a) The lessor \& the person who gives the 
lease. 

(/>) Lessee, the person who takes the lease. 

468. Legacy. — Property willed by one per- 
son to another; a bequest. 

469. Legal Tender.— The kind of money that 
a debtor may legally tender, and a creditor 
is required by law to accept, in payment of a 
debt. 

2. No foreign money is a legal tender in the 
United States. 

3. The United States may and does make pa- 
per money a legal tender; but a State may 
not do so, though if it chooses, it may make 
any gold or silver coin legal tender in any 
amount greater than that prescribed by the 
United States laws. 



FACTS IN CIVIL, GOVERNMENT 127 

470. Legatee.— One to whom property is left 
by will. 

471. Legator. — A testator; one who leaves 
property to another by will. 

472. Legislation. — The actor process of mak- 
ing laws (464). 

473. Legislature. — The supreme law-making 
body of a State. 

2. All the State Legislatures are composed 
of two houses, the lower house being vari- 
ously named in different States. 

3. Qualifications of members differ in the 
different States. 

4. Generally, senators serve for a longer 
term, and represent larger districts than rep- 
resentatives. In a few States, the terms are 
the same; and in some, all members — Senators 
and Representatives are elected by counties. 

5. The Senate always has fewer members 
than the House. 

6. The Legislature meets at the State Capi- 
tal. 

7. The legislative powers of the Legislature, 
are limited by the Federal Constitution, the 
laws of Congress, and the State Constitution. 

474. Letters of Administration.— The written 
authority of an administrator given by the 
proper officer or court to administer the 
goods of the deceased. 

475. Letters of Marque (boundary) mid Repri- 
sal {aet of retaliation). — Commissions issued 
by the government to private individuals au- 
thorizing them to go beyond the boundary of 
their country and to seize the property or sub- 



12N FACTS IN CIVIL GOVERNMENT 

jects of another nation, or the property of its 
subjects, in retaliation for injuries committed 
by such nation. 

2. Such letters are sanctioned by the law of 
nations (480). 

3. Congress alone can authorize the Presi- 
dent to issne letters of marque and reprisal. 
The power is denied to the States. 

4. Property thus taken belongs to those tak- 
ing it. 

.">. Snch letters were granted in the Revolu- 
tionary War, and authorized, hut not issu- 
ed, in the Civil War. 

47<>. Letters Patent.— The official documents 
granting a patent (581) to an inventor. 

47 7. Letters Testamentary. — Written author- 
ity given to an executor by the proper officer 
after a will has been probated, authorizing 
him to act. 

47N. Libel. — A false, malicious publication 

that injures another person in his reputation 
or business, or holds him up to public ridi- 
cule or contempt. 

2. It also includes any blasphemous, trea- 
sonable, or immoral publication. 

5. The publication may be by writing, print- 
ing-, pictures, or any sign. 

4. Libel is an indictable offense, and the per- 
son injured may also recover 'damages in a 
civil suit (151). 

5. Libel differs from slander in being pub- 
lished, while the latter is uttered orally (788). 

479. Liberty.— The enjoyment of one's 
rights. 



FACTS rx CIVIL. GOVERNMENT 129 

480. License, — Legal authority to do that 
which would otherwise be illegal. 

481. Lien. — A legal claim upon real or per- 
sonal property of another until a debt is paid. 

482. Lieutenant -Governor.— A Vice-Governor 
elected in many of the States. 

2. He is the presiding officer of the State 
Senate, and acts as Governor in case of the 
absence or disability of that officer. 

3. The following States have no Lieutenant- 
Governors: Alabama, Arkansas, Delaware, 
Georgia, Maine, Maryland, New Hampshire, 
New Jersey, Oregon, Tennessee and West 
Virginia. 

483. Lobbyists, Lobby Members, or the Third 
House. — Persons who frequent the lobbies 
of legislative halls for the purpose of influenc- 
ing legislation by inducing members, with 
money, with argument, or otherwise, to vote 
for or against certain special bills. 

2. Some expert professional lobbyists com- 
mand exorbitant salaries — salaries larger 
than the members themselves receive. 

484. Local Government. — When the Consti- 
tution was adopted there were three types of 
local government — 

(1) The town or township type of New Eng- 
land, where the town was the political unit, 
and the voters in mass meetings made laws 
and elected officers. The towns were repre- 
sented in the State Legislature. 

(2) The county type of the Southern States, 
where the county was the political unit. The 
county was represented in the State Legislat- 



180 FAOTS IN CIVIL GOVERNMENT 

ore. 

(3) The mixed type of the Middle States, 
which was a combination of the town and 
county types. 

(4) All these types still exist. 

485. Local Option.— The right of certain dis- 
tricts, as a town, city, magisterial district, or 
bounty, to determine by popular vote or by 
local legislation, whether certain things shall 
be permitted or prohibited; as the sale of in- 
toxicating liquors, certain stock regulations, 
etc. 

48(>. Log-Boiling. — An exchange of political 
favors by officials; as a vote for a vote, in- 
fluence for influence, etc. 

+87. Loyalists or Tories. — Those in the thir- 
teen colonies who favored the king and 
sought to aid him prior to, and during, the 
Revolution. 

488. Lynch -Law. — The punishing of crimin- 
als by private citizens without due process of 
law. 

2. Sometimes the lynchers organize a court 
of their own. and go through the form of a 
trial. 

3. The term is supposed to have originated 
from a Virginian named Lynch, who was a 
law unto himself. 

489. Machine, Political. — A political ring 
(612). 

490. Magna Charta or Great Charter.— A 
document that the lords, barons and clergy 
forced King John to sign in 1215. 

2. It secured to the English people all the 



FACTS IN CIVIL. GOVERNMENT 131 

rights and privileges they claimed, prominent 
among- which, were taxation by a representa- 
tive body, and absolute right to life, liberty 
and property, "save by legal judgment of their 
peers." 

491. Majority Vote.— More than half of all 
the votes cast in an election. 

492. Malefactor. — A criminal. 

193. Mandamus. — A writ issued by a super- 
ior court, commanding- an inferior court, an 
officer or a corporation, to perform some spe- 
cific duty named therein. 

194. Manifest, (a) An invoice of the cargo of 
goods to be examined by custom-house offi- 
cials. 

(b) A manifesto. 

495. Manifesto. — The public written declara- 
tion issued by a ruler or government setting 
forth his or its intentions, motives or opin- 
ions in regard to some public matter; as a 
manifesto stating intentions of engaging in 
war, and the reasons therefor. 

496. Manor. — A district or landed estate un- 
der the jurisdiction of a lord; transplanted in- 
to some of the colonies from England; but 
it has disappeared. 

497. Manslaughter. — The unlawful killing of 
a human being without malice either express 
or implied and without excuse, as through 
negligence. 

498. Marine. — A soldier serving in the navy. 

499. Maritime or Marine Law.— The law of 
the sea; it applies to ships, seamen, naviga- 
tion, and affairs of the sea and public waters 



132 facts m ciyiL government 

generally. 

500. Maritime Rights.— The right of vessels 
of all nations to navigate the high seas (390) 
without hindrance, subject only to interna- 
tional law. 

2. Vessels in the territorial waters (796) of 
any country are subject to its laws. 

501. Marshal. — (a) The ministerial officer of 
a federal court, with duties similar to those 
of a sheriff. One is appointed by the Presi- 
dent for each federal judicial circuit. 

(/>) The chief public officer in some cit- 
ies. 

502. Martial Law.— The law of war. The 
law that regulates the conduct of men in the 
Army and Navy. 

503. Mason and Dixon's Line.— A line rim 
from the Delaware River westward 244 miles, 
by Charles Mason and Jeremiah Dixon, mark- 
in?: the boundary between Maryland and 
Pennsylvania. 

2. Later, it became famous as the boundary 
line between the free States and the slave 
States. 

504. Mass Convention.— - A convention of 
all the legal voters of the party who choose 
to attend, each one ha^ng a voice in the pro- 
ceedings. 

505. Matricide. — The murder of a mother by 
her child, or one who murders his mother. 

500. Mayflower Compact. — T he eo m pact 
made by the Pilgrim Fathers on board the 
Mayflower before landing, November 11, 1()20, 
binding themselves into a "civil body politic" 



FACTS IN CIVIL GOVERNMENT 1H8 

and agreeing to make and obey "just and 
equal'' laws as such. It was the first expres- 
sion of the American idea that "governments 
derive their just powers from the consent of 
the governed.'* 

507. Mayor. — The executive officer of a mu- 
nicipal corporation ;-of a city, town or village, 

508. Mecklenburg* Resolutions. — Resolutions 
passed by a convention in Mecklenburg County 
North Carolina, May 20th, 1775, favoring inde- 
pendence from Great Britain, and declaring the 
independence of the county named. 

509. Member of Congress. —A congressman 
(203). 

510. Memorial. — (a) A written reminder of 
some person or event. 

(b) A written document addressed to a leg- 
islative or other body or to a government, call- 
ing attention to facts set forth therein. 

511. Military Academy. — Established by Con- 
gress, at West Point, New York, in 1802. 

2. It educates persons to be army officers. 

3. Applicants must be at least 17, and not 
over 22, years old, of sound body, and able to 
pass the required examination in reading, 
writing, orthography, arithmetic, gramma r. 
geography and United States history. 

4. The total number of students is 371 — one 
for each Representative and Delegate in Con- 
gress, and the President appoints one for the 
District of<^olumbia, and ten at large. 

5. The Secretary of War appoints students 
upon the recommendations of Representatives . 

6. The course is four years; students receive 



134 FACTS IN CIVIL GOVERNMENT 

$540 per year to pay expenses, and on gradua- 
tion, are commissioned second lieutenants in 
the army. 

7. Appointees must agree to serve the United 
States eight years from the time they enter the 
Academy. 

512. Military Court.— A court organized to 
act in place of a regular court in a section en- 
gaged in active warfare, where the regular 
court can not perform its usual duties. 

518. Military Law. -The law prescribed by 
the Civil Government for the control of affairs 
in the sections of country actually engaged in 
wa r, where the regular courts can not properly 
perform their duties. 

514. Militia. — The citizen soldiers as distin- 
guished from the regular army (44,2). 

2. The militia consists of all able men between 
18 and 45 years of age who are citizens or who * 
have declared their intentions to become cit- 
izens, except government and court officers, 
ministers, teachers, physicians, firemen, etc. 

8. The organized militia are those organized 
under State or United States laws. 

4. The unorganized militia consists of that 
portion of militia not already organized, 
officered and equipped. 

5. Congress provides for organizing, arming 
and disciplining the State or organized militia, 
but the States have the right to appoint their 
officers and drill them according to the discip- 
line prescribed by Congress. 

6. The Governor is Commander-in-Chief of the 
state militia, and may call them out to quell 



FACTS IN CIVIL GOVERNMENT 135 

riots, etc. 

7. The President may call them < >r any < >f them 
out — 

(1) To execute the laws of the United States. 

(2) To suppress insurrections, or, 

(.V) To repel invasions. When they are thus 
called out, he is Commander-in-Chief. 

8. The militia have been called out by the Pres- 
ident four times; during the Whiskey insurrec- 
tion of 1794, the war of 1812, the Civil war, and 
the Spanish- America n War of 1898. 

9. When the President wants the militia, he 
calls on the Governors of the different States, 
and if the required number is not furnished, the 
government drafts enough men to make up the 
deficiency. 

10. The militia numbered, (January 1st, 1898) 
10,139,788; of which number 1,391, staff officers 
and 113,460 belonged to the organized militia. 

515. Ministerial Officer. — One that waits up- 
on, or ministers to, a court or other body. 

5 IB. Ministers. — The officers of the Diplomat- 
ic Service (283). They represent the United 
States in foreign countries in a political ca- 
pacity. 

517. Minor. — Any person not of legal age: 
an infant. 

518. Minor Coin. — Small coin not made of sil- 
ver. 

2. They are legal tender for any sum not ex- 
ceeding twenty-five cents. 

519. Minority President. — A President who, 
though he receives a majority of the Elector- 
al votes, yet receives but a minority of the 



136 FACT8 IN OIVIL tiOVBUNMKNT 

popular vote. 
5. Several Presidents have been so elected. 

520. Minority Representation. — A representa- 
tion secured by the minority by means of the 
cumulative vote (251); as in Illinois, where 
three representatives to the Legislature are 
elected from each district, and each voter may 
vote for two or three candidates, or give his 
three votes to one of them. 

521. Minority Vote.— Fewer than half of all 
the votes cast. 

522. Mint. — A place where money is coined 
by authority of law. 

2. Our principal mint is at Philadelphia, 
with branch mints at Carson City, New Or- 
leans, Sanfrancisco and Denver. 

523. Misdemeanor. — A minor crime punisha- 
ble by tine, by imprisonment in the county jail, 
or by both. 

521. Missouri Compromise. — An Act of Con- 
gress, March, 1820, admitting Missouri as a 
slave State, and providing that forever there- 
after no more slave States should be admitted 
north of parallel 36° 30',— the southern bound- 
ary line of Missouri. 

2. It was repealed by the Kansas-Nebraska 
Bill (457), in 1854. 

525. 3Iob.— A riotous or unlawful assembly. 

526. Mobilize. — To put new troops in readi- 
ness for active service when war is imminent. 

527. 3Ioderator. — The presiding officer of mi 
assembly. 

528. Money.— Anything stamped by public 
authoritv and lawfullv used as a medium of 



FAOTS IX CIVIL f^OVEfiNMENT VST 

exchange. 

529. Monometallism. — The use of but one 
metal, as gold or silver, as the money-stand- 
ard of a country. 

2. The United States has monometallism, 
gold being the standard. 

580. Monopoly.— The sole right, power or 
privilege of dealing in any kind of goods. 

531. Monroe Doctrine. — The doctrine set 
forth in President Monroe's message, 1823; in 
substance, "America for Americans." 

2. It was occasioned by Russia, Prussia, 
France and Austria's supposed intention to 
aid Spain reconquer Mexico and several 
South American States that had thrown off 
Spanish rule. 

532. Moot Court. — A mock court, where ficti- 
tious cases are tried for amusement or prac- 
tice. 

533. Mortgage. — An instrument conveying 
real or personal property to secure the pay- 
ment of a debt, upon the payment of which it 
becomes void. 

2. A chattel mortgage is a mortgage on per- 
sonal property. 

534. Motion. — A proposal formally made in 
a deliberative body. 

535. Municipal Government.— The local gov- 
ernment of a city or of a chartered town or 
village (148). 

586. Municipal Law. — (n) A rule of civil con- 
duct prescribed by the supreme power of the 
state. — Bin eksto ne. 

(/>) Especially the local laws of a city or 



loN FACTS IN CIVIL (iOVJCBXMfSNT 

town. 

537. Murder. — The unlawful killing- of a hu- 
man being with malice aforethought either 
express or implied. 

538. Mutiny. — A forcible resistance to estab- 
lished authority, especially in the army and 
on board vessels at sea. 

539. Nation.— A body politic (94); the whole 
body of inhabitants of a country organized 
under one independent government. 

540. National Bank. — A bank authorized by 
the United States laws, by which it is grant- 
ed certain privileges. 

2. Five or more persons, with a capital of 
not less than $50,000, may organize a nation- 
al bank, if they invest that sum in United 
States bonds and deposit the same with the 
treasurer of the United States. 

3. They can issue national bank bills to the 
amount of ninety per cent, of the capital. 
These bills, being secured by the bonds, are 
good anywhere, even though the bank fail. 

4. Such banks draw interest on the bonds 
and on the money loaned, at the same time. 

541. National Guard.— The organized militia 
of the several States, numbering (January 
1st, 1898), 113,460. 

2. The President, through the Governors, 
may call them out — 

(1) To execute the laws of the United States. 

(2) To supress insurrections. 

(3) To repel ^invasions. 

3. The Governors may call them out for du- 
ty as above, within their respective States. 



FACTS IN CIVIL GOVERNMENT 139 

542. National Prisons.— The United States 
has no national prisons. By courtesy of the 
States and counties, federal prisoners are per- 
mitted to be confined in their prisons. 

543. Natiyism. — The doctrine that the gov- 
ernment should be in the hands of native cit- 
izens, and that denizens should be excluded 
from participation as far as possible. 

544. Naturalization.— The legal process by 
which an alien (22) is vested with the rights 
and privileges of citizenship. 

2. Congress alone can pass naturalization 
laws. 

3. Under the Articles of Confederation, the 
States passed naturalization laws. 

4. A naturalized citizen has all the rights of 
a native subject except that he can not be- 
come President or Vice-President. 

5. The minor children of naturalized parents 
are citizens by law. 

6. The naturalization of the husband carries 
with it the naturalization of the wife. 

7. No alien can be compelled to naturalize. 

8. Children born abroad of American par- 
ents are also American citizens. 

9. Chinese can not be naturalized. 

10. Indians can not be naturalized like for- 
eigners; but sometimes a tribe has been made 
citizens by a special act of Congress, and by 
another special act these have sometimes been 
allowed to give up their citizenship and re- 
turn to their tribal government. 

11. Whole communities sometimes have been 
naturalized regardless of the uniform rule; as 

10 



140 FACTS IN CIVIL, GOVERNMENT 

in the admission of Texas and the annexa- 
tion of Hawaii. 

12. Process of naturalization: (1) An alien 
must reside five years in the United States 
and one year in the State or Territory where 
he makes application for his papers. 

{'J) He must tile in a court of record at 
least tw\) years before his naturalization, a 
sworn declaration of his intention, to become 
a citizen. 

(.*>) Finally, he must swear or affirm that he 
voluntarily and forever renounces all alle- 
giance to any foreign government; that he 
will support the Constitution of the United 
States, and renounce any title of nobility he 
may have. 

13. An alien woman marrying 1 a citizen be- 
comes a citizen. 

14. Exceptions. — An alien of legal age who 
has served in the United States army and 
who has been honorably discharged, may be- 
come a citizen by merely taking the oath of 
allegiance, on one year's residence within the 
United States previous to his application. 

(2) An alien seaman, after making a declara- 
tion, is deemed a citizen for purposes of pro- 
tection, and may be naturalized after three 
years' service on a United States vessel. 

545, Natural Rights.— Those rights to which 
man by nature is entitled. 
2. They are the right — : 

(1) To personal security. 

(^) To personal liberty, 

(.*>') To hold private property. 



FACTS IX CIVII, GOVERNMENT 141 

\4) To freedom in religious opinions. 
540. Naval Academy. — A school for training 

naval officers. Established by Congress at 
Annapolis, Maryland, in 1845. It provides for 
the same number of students as West Point, 
and appointments are made in the same man- 
ner (511,5). Applicants must be between fif- 
teen and twenty years of age. Students re- 
ceive $500 per year from admission. 

547. Naval Militia. — The naval reserve forces 
organized under State laws: they correspond 
to the State Militia. 

2. The naval militia, numbering (January 
1st, 1898) 3,871, is organized in seventeen 
States. 

3. Its duty is to man vessels in time of war 
to protect our coasts and harbors, so that 
the regular navy may be free to carry on war 
generally at sea. 

548. Nary. — All the ships and men that a 
nation keeps armed and prepared to wage 
war at sea. 

2. Congress may make appropriations for 
the navy for longer than two years-— the lim- 
it for army appropriations. 

3. The President is Commander-in-Chief. 

4. A State can not keep a navy in time of 
peace Without the consent of Congress. 

5. Naval officers can not* be removed except 
on senteuce of a court martial. 

~(S. Navy regulations are made by Congress. 
7. Officers and salaries (45). 

549. Negotiable Paper.— Commercial paper 
that is transfera ble by indorsement < >r deli verv. 



142 FACTS IN CIVIL GOVERNMENT 

2. Such paper is made payable to hearer or 
to the order of some person, and in some 
States, as in West Virginia, it must t>e made 
payable at a certain place. 

550. Neutral. — A nation that takes no part 
in a war waging l>etween other nations. 

551. Nisi Prius Court. — A court presided 
over by a single judge of asuperior law court, 
for the trial of civil cases by jury, as distin- 
guished from a Court in Banc (23d), where 
questions of law are decided. 

552. Nolle Prosequi (not to wish to prose- 
cute). — An entry made on the record of acourt 
denoting that the plaintiff in a. civil suit, or 
the prosecuting* attorney in a criminal suit, 
abandons either the whole case or a part of 
it. 

2. It is not equivalent to an acquittal; it 
merely stays proceedings, and the case may 
be prosecuted at a future time. 

553. Nominate. — To name as a candidate for 
an office or position. 

2. The practice is regulated by custom and 
not by law, except locally. 

3. A voter is not compelled to vote for any 
party candidate. 

4. The object in making' nominations is to 
simplify elections and to keep the party vote 
from scattering*. 

554. Nominee. — A person nominated or nam- 
ed by others for office. 

555. Nominating Convention.— A convention 
held for the purpose of nominating candi- 
dates for office. 



FACTS IN CIVIL GOVERNMENT 1-13 

*2. The method was introduced into our pol- 
itics in 1825 and has since become general (609). 

556. Non -Commissi one (1 Offieer. — A subordi- 
nate officer of the army not commissioned by 
the President or the State executive, but ap- 
pointed by the Secretary of War or by a com- 
manding officer of the army. 

2. He forms the connecting link between the 
commanding officer and the private soldier. 

557. Nonsuit. — The discontinuing of a case 
in court because of its being evident that, 
through his neglect or failure to make out his 
case, the plaintiff can not recover. 

2. A voluntary nonsuit is one granted at 
the request of the plaintiff. 

3. A compulsory nonsuit is one ordered by 
the court when the plaintiff has plainly failed 
to establish his case. 

4. Unless ordered on the merits of the case, 
a nonsuit is not a bar to subsequent action. 

558. North-west Territory.— The territory 
west of Pennsylvania, north of the Ohio Riv- 
er and east of the Mississippi, ceded to the 
United States by New York, Virginia, Massa- 
chusetts and Connecticut, all of which claim- 
ed it (798,1). 

2. Ohio, Indiana, Illinois, Michigan and 
Wisconsin were organized out of it (798,1). 

559. Notary Public. — A public officer commis- 
sioned by the Governor to take acknowledg- 
ments, affidavits, depositions, etc., within his 
own county. 

560. Nullification. — The making an act of 
Congress null and void hy a State, within its 



144 FACTS IX CIVIL WOVEBNMKXT 

territory; as the Nullification Ordinance. 18S2, 
of South Carolina, directed against the na- 
tional tariff laws. 

2. No State possesses the right of nullifica- 
tion. 

561. Nuncupative Will. — A verbal will or tes- 
tament (852). 

2. Such a will is valid only in certain States, 
where, to be legal, it must be 'made in the 
presence of two or more witnesses and reduc- 
ed to writing "within a limited time ranging 
from six to sixty days, in the various States, 
and must usually be probated within six 
months. 

:>. Only personal property to a limited value 
ranging from $100 in New Hampshire to $1,000 
in California, can be disposed of by nnncnpa-" 
tive will. 

4. A soldier or sailor in active duty, may 
anywhere legally dispose of personal proper- 
ty by verbal will; but to dispose of real estate, 
the will must be written as in the case of oth- 
er persons. 

562. Oath. — A solemn declaration, made 
with an appeal to Grod for the truth of what 
is affirmed. 

56B. Octroi. — A tax levied aft the gates of cit- 
ies in France and a few other European coun- 
tries, on goods brought into them, a small part 
of which tax goes into the national treasury, 
and the remainder into the local treasury. 

564. Old Glory. — A popular nickname for the 
United States flag. 

2. In 1881, a Salem skipper or sea captain who 



FACTS IN CIVIL GOVERNMEXT 145 

was about to go on a long' cruise to Southern 
Pacific waters, was presented a handsome flag 
which he named "Old Glory," and the name 
has been applied to our flag ever since. 
... 565. One-Man Power.— Executive power vest- 
ed in one man rather than in aboard or a com- 
mittee; by which, responsibility is definitely 
located. 

566. Ordeal, Trial by.— The ancient mode of 
determining the guilt or innocence of an accus- 
ed person by throwing him securely bound, in- 
to water; when, if he sank, he, was deemed in- 
nocent; if he floated, guilty. Or, the accused 
was required to plunge his bare arm into boil- 
ing water, or to walk blindfolded over ground 
strewn with hot irons; if he escaped injury in 
either case, he was adjudged innocent; other- 
wise, guilty. 

2. It was practiced on the principle that 
Providence would protect the innocent. 

567. Orders in Council.— Royal orders issued 
by the king of England and his Privy Council; 
as the famous Orders in Council of November 
11, 1807, prohibiting trade between the United 
States and any European country under Na - 
poleon's power. 

568. Ordinance. — A local or municipal law 
(536). 

2. The term is also applied to certain laws 
enacted by tne colonies, and by Congress under 
the Confederation (198); as the famous Ordi- 
nance of 1787, for the government of the North- 
west Territory (558J. 

569. Origin of Government. — Government had 



146 FACTS IX CIVIL GOVERNMENT 

its origin in kinship. The patriarchal family, 
in which the father was absolute monarch and 
ruled as king- and priest, was the first form. 

2. The family broadened into the gens or 
house — a clan of several families of the same 
stock, bearing a common name and bound by 
certain common religious rites, over which til** 
principal kinsman ruled. 

3. The gens or houses united into tribes, 
with a kinsman as chief. 

4. Tribes united, and the state, with its 
king, first appeared. 

570. Ostracism. — The practice of banishing 
from ancient Athens by popular vote,, for a 
term of ten years, men of great political abil- 
ity and influence (509-417 B. C). 

2. It required six thousand votes to ostracise 
a person, who was considered honored rath- 
er than disgraced. 

3. The practice fell into disuse in 417 B.C. be- 
cause a notably mean man was then thus 
honored. 

571. Outlawry. — The process of proclaiming 
a man an outlaw and of depriving him of the 
benefit and protection of law. 

572. Pairing* — The practice in Congress and 
other bodies, of members agreeing with mem- 
bers of opposite parties or opinions, not to 
vote on certain bills or on political issues for 
a given time. 

57 3. Pan -American Congress. — An inter- 
national conference held in Washington in 
1889, in which the United States and seven- 
teen states of Central and South America 



FACTS IN CIVIL GOVERNMENT 147 

were represented. Its purpose was the adop- 
tion of arbitration for the settlement of dis- 
putes and the establishment of closer commer- 
cial relations between the countries. Nothing 
definite was accomplished by it. 

574. Pardon.— A full release from the pen- 
alty of a violated law. 

2. The President may grant reprieves or par- 
dons for all offenses against the United States, 
except in cases of impeachment (404). 

3. The President can not pardon offenses 
against a State. 

4. The pardoning power of the State is gen- 
erally vested in the Governor; sometimes, in a 
Board of Pardons, as in Ohio. 

5. The pardoning, reprieving and commuting 
powers are generally vested in the same au- 
thority. 

575. Pariah. — (a) One of the very lowest 
grade in India. 

(/>) One shunned and forsaken by society. 

576. Parity. — Equality; as the parity of gold 
and silver as money standards on the basis 
of sixteen to one (737). 

577. Parliament, British.— The supreme leg- 
islative body of Great Britain. It is divided 
into two branches, the House of Lords (397) 
and the House of Commons (396). Parliament 
has no stated time to assemble, but comes to- 
gether upon the summons of the Crown. 

578. Parole. — A declaration or promise 
made upon one's honor to do or not to do cer- 
tain things; as when a prisoner of war is re- 
leased upon his parole not to fight again 



14* FACTS IN OIVIL GOVERNMENT 

against his captors or to return to prison 
a.uain by a stated time, etc. 

579. Partisan.— An over zealous adherent to 
a political party. 

580. Passport. — A certificate issued by the 
government to a citizen wishing to travel in 
foreign countries, certifying that he is a 
Tinted States citizen. 

2. It is issued by the Secretary of State 
(824-, (7); 110) or by a .m.ember qf the Consular 
Service. 

3. Many countries require such letters of 
foreign travelers. 

4. The United States requires them of no 
one. 

581. Patent. — The exclusive right to manu- 
facture, sell or use an invention. 

2. The power to regulate patents is vested in 
Congress. 

3. A patent may be granted for (a) an art, 
(/>) a machine, (c) a manufacture, (<7) a com- 
position of matter, (e) any new and useful 
improvement on the above, (/') a design. 

4. A patent is issued for 17 years. 

5. Before 1789, States granted patents; but 
the power is denied them under the Constitu- 
tion. , . 

6. A patent is assignable; but the assignment 
must be recorded in the patent office within 
three months from its date. 

7. Under a patent, each article must bear the 
words ' 'patented, ' ' with the date of the patent; 
otherwise the patentee loses his right to pro- 
tection. 



FACTS IN CIVIL GOVERNMENT 149 

8. An applicant t'( >r a patent must swear that 
he believes he is the original inventor of that 
which he desires to patent, and accompany 
his application with a full description of the 
same, with drawings in all cases admitting' of 
the same; and in cases of composition of matter, 
a specimen of each ingredient used, if required 
to do so by the commissioner. Models are 
now required only in special cases. 

9. The fee is $35; — $15 to accompany the ap- 
plication and $ 20 when the patent is granted. 

10. If a person believes himself to be the orig- 
inal inventor or discovered, he may obtain a 
patent in this country even though the inven- 
tion or discovery has been known or used in 
any foreign country before his invention or 
discovery thereof provided it has not been be- 
fore patented, or described in any printed pub- 
lication in this or any foreign country before 
his invention or discovery thereof, for more 
than two years prior to his application, and 
not in public use or on sale in this country for 
more than two years prior to his application, 
unless the same is proved to be abandoned. 

11. A person who has obtained a patent in 
a foreign country may also obtain a patent 
for the same invention in this country provid- 
ed he applies for the same within seven months 
after filing his application in the foreign coun- 
try, and provided he is otherwise entitled 
thereto. 

12. All suits for infringements ( )f patent rights 
are tried in the Federal courts. 

18. An invention to be patented must not 



150 FACTS IN CIVIL GOVERNMENT 

have been in public use or on sale more than 
two years in this country nor described in any 
printed publication here or abroad, prior to 
the publication. 

582. Patentee. — One to whom a patent is 
granted by the government. 

588. Paternalism. — The assumption by the 
government of a fatherly supervision over the 
business and social affairs of the individual 
citizen. 

584. Patricide. — (a) The murder of a father 
by his child. 

(b) One who murders his father. 

585. Patriot. — One who loves and serves his 
country. 

586. Patriotism. — Love of one's own country. 

587. Patronage.— The power to appoint men 
to office, award contracts, etc., that a public 
officer has by virtue of his office. 

588. Peer. — (a) An equal. 

(ft) In England, a member of the five tempor- 
al ranks of the higher nobility; namely, duke, 
marquis, earl, viscount and baron, who is en- 
titled to a seat in the House of Lords. The 
dignity of the peerage is hereditary. 

2. Peers may be created at the pleasure of 
the Crown. 

589. Pension. — A fixed sum of money paid 
to a person regularly at stated times, usually 
in consideration of past services. 

500. Peremptory Challenge. — An objection 
made to a juror without being required to 
give a reason for making it. 

2. Each party to a suit has a right to per- 



FACTS IN CIVIL GOVERNMENT 151 

erupt orily challenge jurors to a certain num- 
ber varying* in the different States. 

591. Perjury. — Knowingly stating a mater- 
ial matter falsely upon the trial of a case, 
under oath legally administered. 

2. Perjury is a felony (344) punishable by 
imprisonment in the State prison. 

592. Personal Property.— Movable property; 
all property except real estate. 

593. Pet Banks. — The State banks in which 
President Jackson caused the $40,000,000 with- 
drawn from the Bank of the United States in 
1836 to be deposited. 

594. Petition.— A written request presented 
to Congress, or some other organized body, 
or to an official, praying for some special fa- 
vor set forth in the document. 

2. The Constitution guarantees to the peo- 
ple the right of petition. 

595. Petit or Trial Jury.— A body of men le- 
gally selected and sworn to declare the facts 
in a case tried in their presence according to 
the law and the evidence presented to them. 

2. This jury decides civil and criminal cases. 

3. It sits in open court, hears the evidence of 
witnesses, the arguments of counsel, the in- 
structions of the judge as to the law appli- 
cable to the case, then retires to its room and 
in private agrees upon its verdict. 

4. It consists of 12 members except in jus- 
tices' courts, where the number is six. 

5. The verdict must be unanimous. 

6. If it disagrees, it is dismissed, and the 
case must be tried again before another jury. 



152 KACTS IN <5IVIL GOVKRNMKNT 

7. It dlecfe one of its members as foreman. 

8. If it acquits one charged with crime, he 
cannot be tried again; but for cause, the judge 
may grant a new trial in any other case. 

596. Piracy.— Robbery on the high seas. 

2. It is the dnly of Congress to define and 
punish piracy. 

:>. Congress made the slave trade piracy in 
1820. 

4. Piracy is punishable by death. 

597. Pivotal State.— Any State upon the result 
of whose vote a presidential election depends. 

598. Plaintiff. — The party that brings an 
action (785) against another, called the de- 
fendant. 

599. Plank.— The statement of a single 
principle in a political platform. 

600. Platform.— A formal declaration of the 
doctrines and principles of a political party. 

2. Platforms are framed and adopted by 
party conventions. 

601; Pleading's.— The statements of facts of- 
fered by the plaintiff and defendant in support 
of their respective claims. 

602. Plebiscite. — A vote of the whole male 
voting population of a country or of a com- 
munity; a decree of a nation obtained by an 
appeal to universal suffrage. 

603. Plurality Tote.— More votes than any 
other one candidate forthe same office receives 
in an election. 

604. Pocket Yeto. — The practice on the part of 
the President, of not returning to Congress, 
with his formal veto, a bill that he does not 



FACTS IN CAVIL GOVERNMENT 153 

wish to pass, and that lias been presented to 
him within ten days ( Sundays excepted )bef < >re 
the adjournment of Congress, thereby making- 
it fail, without the possibility of its being pass- 
ed over his veto. 

2. First used by President Jackson, in 1829. 

605. Police. — The civil officers of a city or 
town .whose duty it is to preserve good order, 
to protect property, to prevent and deter crime, 
to enforce the laws and to arrest criminals. 

606. Police Court. — An inferior court held in 
a city or town, for the trial of persons brought 
before it by the police, charged with minor lo- 
cal offenses. 

607. Police Judge, Justice or Magistrate.— A 
judge who presides over a police court (606). 

608. Political Committees.— The work of the 
political parties is, for the most part, directed 
by committees. 

2. The National Com wit tee of each party is 
selected by the National Convention, and con- 
sists of a member from each State and Territo. 
ry. It fixes the time and place for holding the 
national convention, which it calls. It also col- 
lects funds for campaign expenses, distributes 
literature, provides for public speeches, and 
has supervision of the campaign in general. 

3. The State Committee, the Congressional 
Committee, the State Senatorial Committee* 
the County Committee, the Township Commit' 
fee, ect., are chosen and organized on the same 
general plan as the National Committee, with 
similar duties. Their names indicate their 
jurisdiction. 



154 FACTS IN CIVIL GOVERNMENT 

609. Political Convention. — An assembly of 
voters of the same political party to nominate 
party candidates for office, to appoint dele- 
gates to higher conventions, and to transact 
any other pertinent business previously set 
forth in the call. 

2. Our system of political conventions, tak- 
ing them in their regular order, beginning with 
the lowest, are as follows: 

3. The Primary or Caucus is called by the 
County Executive committee where such ex- 
ists. Its duties are — 

(i) To nominate candidates for District, 
Township, or Ward offices. 

(2) To select delegates to the County Con- 
vention. 

(S) To select a District, Township or Ward 
Executive Committee where customary. 

(4) To transact any other pertinent business. 

4. The County Convention is called by the 
County Executive Committee. Its duties are — 

(7) To nominate candidates for County of- 
fices. 

(2) Tojiominate Delegates or Representa- 
tives to the lower house of the State Legisla- 
ture. 

(#) To select delegates to the State, the 
Congressional and the State Senatorial Con- 
ventions. 

(4) To select a new County Executive Com- 
mittee. 

(5) To transact any other pertinent busi- 
ness. 

5. The State Senatorial Convention is call- 



FACTS IN CIVII^ GOVERNMENT 155 

ed by the State Senatorial Executive Commit- 
tee of the Senatorial District. Its duties are — 
(i) To nominate a candidate for the State 
Senate. 

(2) To select a new Senatorial Executive 
Committee. 

(3) To transact any other pertinent busi- 
ness. 

6. The Congressional Convention is called 
by the Congressional Executive Committee of 
the Congressional District. It meets every 
two years. Its duties are — 

(1) To nominate a candidate for United 
States Representative. 

(2) To select two delegates to the National 
Convention every presidential year. 

{3) To select a new Congressional Execu- 
tive Committee. 

(4) To transact any other pertinent busi- 
ness. 

7. The State Convention is called by the 
State Executive Committee. Its duties are — 

(1) To nominate candidates for State offi- 
ces. 

(2) To select four delegates-at- large to the 
National Convention — two for each United 
States Senator — every presidential year. 

(3) To nominate a Presidential Elector 
from each Congressional District— one for 
each United States Representative — and two 
Electors-at-large— one for each United States 
Senator. 

{4) To select a new State Executive Com- 
mittee. 

11 



15b' FACTS IN CIVIL GOVERNMENT 

(,5) To transact any other pertinent busi- 
ness. 

8. The National Convention is called by the 
National Executive Committee. Its duties 
are— 

(1) To nominate candidates for President 
and Vice-President. 

(2) To adopt a National Platform (600). 

(3) To select a new National Executive 
Committee. 

(a) The National Convention is composed 
of two delegates (called delegates-at-large) 
for each United States Senator, two dele- 
gates for each United States Representative, 
and two delegates for each Territory and the 
District of Columbia — over 800 in all. 

( b ) The Populist party apportions delegates 
to the different States according to their par- 
ty vote in the preceding presidential election. 

(c) There are two methods of selecting dele- 
gates: in some States all of them are selected 
in the State convention; but in most States, 
the State convention selects the delegates-at- 
large (268), and the Congressional Conven- 
tions select the others. 

(d) The Democratic party requires a two- 
thirds vote of all the delegates to nominate; 
the Republican and other parties require but 
a majority vote to nominate. 

(e) The first National Convention to nomi- 
nate a presidential candidate met at Balti- 
more in 1831; the candidate was Wm. Wirt of 
Maryland, who ran on the Anti-Masonic tick- 
et. 



FACTS IN inVlli GOVERNMENT 157 

(f) Previous to 1831, party caucuses of Con- 
gressmen usually nominated the candidates 
for President and Vice President, and the 
State Legislatures usually chose the electors. 

(g) Previous to 1804, each elector voted for 
two candidates for President; the candidate 
receiving the largest and the next largest 
number of votes was declared President and 
Vice- P resi dent res pecti vely . 

9. Note. — Occasionally, special conventions 
are called to select delegates to the higher 
conventions, instead of as above indicated, 
which is the regular manner of selecting them. 

610. Political Parties. — American political 
parties as such were first formed at the time 
of the adoption of the Constitution (297,3). 

2. There were two parties — the loose con- 
structionists or Federalists, and the strict con- 
structionists or Anti-Federalists. 

2. In general, later parties were outgrowths 
and modifications of these two great systems 
as follows: 

1. Loose Constructionists. 

1. Federal Party.— 1887-1816. One of the 
two original parties. 

2. Principal Leaders. — Hamilton. Washing- 
ton and John Adams. 

3. Principles. — (a) Favored a strong central 
government. 

( /> ) Favored loose construction of the Con- 
stitution (297). 

(c) Opposed aiding France in her Revolu- 
tion. 

id) Opposed the purchase of Louisiana. 



15S 



FACT3 IX CIVIL GOVKRXMKXT 



(e) Opposed the War of 1812. 

(f) Favored a United States Bank. 

(2) President&.~(jteorge Washington, 1789- 
1797, and John Adams, 1797-1801. 

(3) Opposition to the War of 1812 was the 
main cause of its extinction. 

2. National Republican Party.— 1824- 
1834. It grew out of the Federal party. 

(I) Principles, — It favored: 

(a) Loose construction. 

(b) A United States Bank. 

(c) A Protective Tariff. 

(d) Internal improvements. 

{2) Leaders. — Daniel Webster, Henry Clay 
and J. Q. Adams. 

(3) President.— J. Q. Adams, 1825-1829. 

3. Whig Party.— 1834-1852. Another name for 
the National Republican party reinforced by 
the Anti-Masonic party and the Nullifiers and 
States'-rig-hts men of the South. 

(1) Principles.— (a) Same as those held by 
the National Republican party. Also— 

(b) Opposed the annexation of Texas. 

(c) Opposed the Mexican War. 

(d) Favored limited veto power. 

(e) Favored the Compromise of 1850. 

(2) Leaders.— Webster, Clay and J. Q. Ad- 
ams, who were the leaders of the National Re- 
publican party. 

(3) Presidents. — Wm. Henry Harrison and 
Tyler, 1841-1845. Taylor and Fillmore, 1849- 
1853. 

'"Note. — The term Whig was also applied 
to the colonists that opposed Great Britain 



FACTS IN CIVIL GOVERNMENT 159 

and favored the Revolutionary War, as op- 
posed to the Tories, who favored Great Brit- 
ain and opposed the War. 

4. Republican Party. — 1856-**. Formed by . 
the union of the Whigs, the Free Soilers, 
many Know-Nothings and a few Democrats. 

(a) The name was formally adopted by a 
Michigan convention in 1854; the first nation- 
al convention was held in 1856. 

(1) Principles. — The party stands for: 

(a) National Banks. 

(b) Protective tariff and reciprocity. 

(c) A Gold standard. 

(cl) Many things held in common with the 
Democratic party. 

(2) Presidents. — Lincoln and Johnson, 1861- 
69; Grant, 1869-77; Hayes, 1877-81; Garfield, 
and Arthur, 1881-85; Benj. Harrison, 1889-93; 
McKinley, 1897—. 

2. Strict Constructionists. 

1. Anti-Federalist Party. — 1787-1792. One 
of the two original parties. 

(1) Principles. — It stood: 

{a) For strict construction of the Consti- 
tution. 

(b) Opposed to a strong central govern- 
ment. 

(c) Opposed to the United States Bank. 

(2) Leaders- Jefferson, Madison, Monroe, 
and Gerry. 

2. Democratic-Republican Party. — 1792- 
1824. The Anti-Federal party, joined by the 
Republicans and Democrats — offshoots of the 
Federal party. 



160 FACTS IN CIVIL GOVERNMENT 

(1) Principles —(a) It advocated the princi- 
ples held by the Anti-Federalists above, and 
in addition, it — 

(b) Favored the War of 1812. 

(c) Favored the purchase of Louisiana. 

(2) Leaders. — Jefferson, Madison and Ran- 
dolph. 

(3) Presidents.— Jefferson, 1801-9; Madison, 
1809-17; Monroe, 1817-25. 

3. Democratic Party. — 1824-**. An out- 
growth of the Democratic-Republican party. 

(1) Principles —It stands: 

(a) Against the issuing of national bank 
notes by the national banks. 

(b) For the free coinage (368) of silver at 
the ratio of 16 to 1. 

(c) For a revenue tariff. 

(d) For many things in common with 
the Republican party. 

(2) Presidents.— J ackson, 1829-37; Van Bu- 
ren, 1837-41; Polk, 1845-49; Pierce, 1853-57; Bu- 
chanan, 1857-61; Cleveland, 1885-89 and 1893-97. 

3. Minor Political Parties. 
1. Anti-Masonic Party.— 1827-36. It sprang 
chiefly from the National Republican party 
after the Morgan episode of 1826. 

(i) It opposed the Masonic and all oth- 
er secret orders. _■ 

(2) In 1831, it nominated William Wirt for 
President, and Amos Ellmaker for Vice-Presi- 
dent. They received the electoral vote of Ver- 
mont. 

(3) In 1835, it elected a governor in Pennsyl- 
vania. 



FACTS IX CIVIL GOVERNMENT 161 

(4) It finally merged into the Whig party. 

2. Abolition or Liberty Party. — 1840-48. 
It sprang chiefly from the Whig party. 

(1) It stood for the abolition of slavery. 

(2) It defeated Clay in 1844 by nominating 
its own presidential candidate. 

(3) It joined the Barn-burners and north- 
ern Whigs to form the Free Soil party. 

3. Free Soil Party.— 1848-56. Made up of 
Abolitionists, Barn-burners and northern 
Whigs. 

(1) It stood for "A free soil to a free people;'* 
it opposed the extension of slavery, the Fugi- 
tive Slave Act, and the Compromise of 1850, 
and favored international arbitration. 

(2) Charles Sumner, Salmon P. Chase, Wm. 
H. Seward and John Hall were the principal 
leaders. 

(3) It joined the Whigs and other minor 
factions to form the Republican party. 

4. American or Know-Nothing Party. — 
1852-59. It had its origin in a secret organi- 
zation called "The Sons of '76," or "The Or- 
der of the Star-Spangled Banner" whose 
members were sworn to answer "I don't 
know" to questions relating to the society; 
hence its name. 

(1) It opposed the naturalization of aliens 
until they had been residents here twenty-one 
years. Its principle was "Americans must 
rule America." 

(2) Millard Fillmore was its chief leader. 

5. Constitutional Union Party. — 1860. A 
re-organization of the Know-Nothing party 



162 FACTS IN CIVIL GOVERNMENT 

(1) It held far "the Constitution of the 
country, the union of the States, and the en- 
forcement of the laws." 

(2) In 1860, the leaders, John Bell and Ed- 
Avard Everett, were nominated for President 
and Vice-President respectively, and received 
thirty nine electoral votes. 

(•?) Its membership was absorbed by the 
Democratic and Republican parties soon after 
the campaign of 1860. 

(>. National ok Greenback Party. — 1876-88. 
It was composed of members from the Demo- 
cratic and Republican parties. 

(1) It favored an unlimited issue of green- 
back currency, and an income tax; it opposed 
monopolies. 

(2) Benjamin F. Butler and James B. Wea- 
ver were its principal leaders. 

(3) When it dissolved, most of its members 
went to the Populist or People's party. 

7. Prohibition Party.— 1869-**. It came 
chiefly from the Republican party. 

(1) It opposes the manufacture and sale of 
intoxicating liquors, and favors woman suf- 
frage and free trade. 

(2) Neale Dow and John P. St. John were 
among its principal leaders. 

8. Populist or People's Party.— 1891-**. 
It is made up of members from all other 
parties, but is chiefly a union of all agricultur- 
al and labor organizations. 

(1) It stands for free silver at 16 to 1, an in- 
come tax, government ownership of railroads 
and telegraphs, the initiative (422) and refer- 



FACTS IX CIVIL GOVERNMENT 163 

endimi (67 7 ), postal saving's banks; and op- 
poses national banks. 

(2) Lender;;, James B. Weaver and Jere- 
miah Simpson. 

9. Barn-Burners.— 1844-28. In 1844, the 
election of Polk split the Democratic party in 
New York, into two factions; the Barn-burn- 
ers being- one of them: the other being the 
Hunkers. 

(1) They favored Van Bnren and opposed 
the extension of slavery. 

(2) They helped form the Free Soil party 
in 1848. 

(3) They took their limine from the story 
applied to them on account of their radical 
measures, of the man who burned his barn 
to free it from rats. 

10. Hunkers.— 1844-80. (See 9 above). 

(1) They supported Polk's administration 
and favored the extension of slavery. The 
faction ceased to exist just before the Civil 
War. 

11. Anti-Renters. — 1840-50. A party in New 
York that opposed the collection of back rents 
by the son of Stephen Van Rensselaer who 
died in 1839. 

(7) They overpowered the militia sent 
against them (the "Helderberg War") and 
for a time held the balance of power in New 
York politics. 

(2) In 1850; the owners of the manors (496) 
sold the land to the tenants, and the anti- 
rent movement ceased. 

12. Loco-Focos.— 1835-37. First called the 



164 FACTS IN CIVIL GOVERNMENT 

Equal Rights Party. A Democratic faction 
in New York, that organized to oppose State 
banks because the Legislature sold charters. 

(1) In an Equal Rights meeting in 1835, some 
regular Democrats attended and attempted 
to direct the proceedings. They failed, and 
blew out the lights. The Equal Rights men 
lit loco-foco matches and proceeded with the 
business. Thenceforward, they were known 
as Loco-Focos. 

(2) They finally returned to their party. 

13. Conservatives. — 1837-40. The Democrats 
that voted with the Whigs against the sub- 
treasury bill, which was supported by the 
regular Democratic party. 

14. Stalwarts. — Those Republicans who 
stood boldly and firmly in the national con- 
vention of 1880 for Grant's electron to the pres- 
idency a third time. 

(1) They were led by Roscoe Conkling. 

(2) Their opponents were the Half-breeds, 
who were led by James G. Blaine. 

(:J) The death of Garfield and the accession 
of Arthur, a Stalwart, healed the disorder. 

15. Clintonians and Bucktails. — 1812-1828. 
The two factions of the Democratic-Repub- 
lican party in New York during the time indi- 
cated. 

(1) The Clintonians favored Governor De 
Witt Clinton's eanalpolicy and supported him 
for President in 1812. 

(2) The Buck tails stood by Madison and op- 
posed Clinton's canal policy throughout. 

(3) The death of Clinton in 1828 ended the 



FACTS IX CIVIL GOVERNMENT !(>."> 

factions. 

1(>. Doughfaces. — The eighteen northern 
members of Congress who voted for the Mis- 
souri Compromise in 1820; applied to them by 
John Randolph, of Roanoke. 

(2) Later, it was generally applied to north- 
erners who favored slavery, or who appeared 
to be too anxious to please the South. 

17. Silver Grays, Conscience Whigs or 
Snuff Takers. — The Whii>s that conscien- 
tiously opposed the exteusion of slavery in 
the 50' s. 

(1 ) Those who favored such extension for 
the sake of holding* the southern Whigs, were 
c a lied Co tto n ^Yll igs , IT o olh r Hea ds, or Se w- 
ard Whigs. 

18. Liberal Re publicans. — 1870-72. A fac- 
tion of the Republican party dissatisfied with 
Grant's first term, that joined the Democrats 
in the support of Horace Greeley for Presi- 
dent. s 

19. Equal Rights Party. — ( See Loco-Focos. ) 
Belva A. Lockwood's party, which she organ- 
ized* in 1884, and in which she nominated her- 
self for President. She advocated equal rights 
and suffrage for women. 

20. Union Labor Party. — A national organ- 
ization formed in 1887. It held the same 
principles as the present People's party, 
which absorbed it in 1891. 

2. There have been various other labor or- 
ganizations of minor importance. 

21. American Parties. — There have been 
various American parties under different 



166 FACTS IN CIVIL GOVERNMENT 

names, discriminating against foreigners. 

611. Political Bight.— The right to vote and 
to take part in the conduct of public affairs. 

612. Political Ring.— A number of men com- 
bined to control political affairs to their own 
interest, to the exclusion of all others; as the 
famous Tweed Eing of New York (822). 

613. Politician. — One who engages in poli- 
tics as a business, usually for his own advant- 
age. 

614. Politics.— The science and management 
of government. 

615. Poll Book.— A register of persons quali- 
fied to vote at an election. A book contain- 
ing the poll list. 

616. Poll List. — A list of persons voting at 
the polls. 

617. Polls or Polling Place.— The place where 
votes are cast in an election. 

618. Poll Tax. — A tax levied upon the polls 
or heads, of male citizens between certain ages 
varying in the different States. 

2. In some States where women vote such 
women also pay poll tax. 

3. The payment of poll tax is a qualification 
for voting in several States. 

619. Polygamy. — The having of two or more 
wives or husbands at the same time. 

620. Popular Tote.— The vote cast at the 
polls by the whole body of voters. 

621. Port. — A harbor where vessels receive 
and unload their cargoes. 

2. A port of entry is where duties are col- 
lected; as New York, New Orleans and San 



FACTS IN CIVIL GOVERNMENT 167 

Francisco. 

3. To enter a port is to report a vessel with 
her cargo at the customhouse, with a state- 
ment of imported goods, for the purpose of 
paying duties and obtaining permission to 
land the cargo. 

4. To clear from a port is to obtain from 
the customhouse officers the necessary papers 
to sail. 

622. Portfolio. — The office and functions of a 
member of the cabinet or minister of State. 

623. Postal Service . — The postal service is 
under the direct control of Congress, as it is 
in all civilized nations. 

(2) The Postmaster General has general 
supervision. He has three Assistant Post- 
masters General. He appoints all postmas- 
ters receiving less than $1000; the President 
appoints the others. 

(3) Before 1845, postage on letters varied 
from six cents to twenty-five cents according 
to distance and was paid by the receiver. At 
that date, it was reduced to from five to 
ten cents. 

(4) There are over 75,000 post offices in this 
country. 

(o) There are four classes of mail matter — 

(1) First class, written or sealed matter, 
two cents per ounce or fraction thereof. 

(2) Second class, regular publications, one 
cent per four ounces. 

(3) Third class, all other printed matter, 
one cent per two ounces. 

( i) Fourth class, merchandise, one cent per 



168 FACTS IN CIVIL GOVERNMENT 

ounce. 

5. Within the Postal Union (829), letters are 
carried for five cents each per half ounce, and 
postal cards for two cents. 

6. There were some crude postal arrange- 
ments in this country as early as 1692. 

7. Stamps were introduced here in 1847; reg- 
istration, in 1855 ; postal money orders, in 
1864. 

624. Postal Treaty.— A treaty between differ- 
ent nations, providing* for the mutual trans- 
mission and delivery of mail matter. 

3. On the part of the United States, the 
Postmaster General, with the consent of the 
President, makes such treaties, and when thus 
made, they do not require the ratification of 
the Senate as do other treaties. 

625. Power of Attorney. — Written authority 
given by one person to another to transact 
business for him. 

626. Powers of Congress. — Constitution I., 8. 

627. Powers of States. — States may pass 
any laws not forbidden by their constitutions 
or by the Constitution of the United States, 
and all such laws are binding until repealed or 
declared by the courts to be unconstitu- 
tional. 

628. Preamble.— The introductory part of a 
constitution or statute (769), which sets forth 
the reasons and purposes for which it is fram- 
ed. 

629. Preemption Law. — A law passed (the 
present law) in 1841 giving any citizen 21 years 
old 160 acres of public land at the end of a 



FACTS IN CIVIL, GOVERNMENT 169 

year for settling on the same, building a house, 
and paying f 1.25 or $2.50 per acre according 
to location. 

630. Presentment. — An accusation made by 
a grand jury (383) against a person, from 
their own knowledge or observation, or from 
evidence before them, without having a bill of 
indictment (82) presented to them. 

2. When a presentment is made, the prose- 
cuting officer must frame a bill of indictment, 
and the accused be formally indicted (415), 
before he can be tried. 

631. President.— The chief executive officer 
of an organized body of individuals or society. 

632. Presidential Offices. — Postoffices paying 
a salary of $1,000 or more, and whose post- 
masters are appointed by the President. 

633. President's Flag. — A special flag display- 
ed by any vessel carrying the President. It 
was first suggested by President Arthur in 
1882 and first used by him in 1883. 

634. President's Message. — A message sent 
by a President to Congress at the opening of 
each session, to be read to each house by its 
Clerk, and which contains information of the 
state of the Union, and recommends such meas- 
ures as the President deems necessary and ex- 
pedient, as provided by the Constitution. 

2. The message is accompanied by official 
documents and the full reports of the various 
departments of government. 

3. Washington and John Adams delivered 
their messages in each case orally to both 
houses assembled in the Senate Chamber, and 



170 FACTS IN CIVIL GOVERNMENT 

in each case each house appointed a commit- 
tee to formulate a reply, which when adopted 
was sent to the President. 

4. Jefferson wrote his message and sent it to 
Congress (1801). Since then this method has 
prevailed, and the practice of replying to the 
President's message was discontinued at that 
time. 

5. Congress is not required to follow the rec- 
ommendations set forth in the President's 
message — a distinctive feature of our govern- 
ment. 

6. The President sends special messages to 
Congress when he deems it necessary. 

635. President's O.ath. — The oath required to 
be taken by the President-elect before en- 
tering upon the duties of his office. It is as 
follows: 

2. "I do solemnly swear (or affirm) that 
I will faithfully execute the office of President 
of the United States, and will* to the best of 
my ability, preserve, protect and defend the 
Constitution of the United States." 

636. President, U. S. — The chief executive 
officer of our government. 

2. He is nominated by the National Conven- 
tion of his party, and is elected by the Pres- 
idential Electors (302). 

3. If the Electors fail to elect a President, the 
House of Representatives does so (398). 

4. His term of office is four years. 

5. His salary is $50,000 per year. It can 
neither be increased nor decreased during his 
term of office, and is payable monthly out of 



FACTS IN CIVII, GOVERNMENT 171 

the National Treasury. 

6. He can receive no presents from any for- 
eign government, from the United States nor 
from any State, but may do so from private 
individuals (876). 

7. He must be {a) a natural-born citizen. 
(b) at least 85 years of age, and (c) must 
have been a resident of the United States 14 
years. 

8. He can not interfere with Congress except 
through his veto (885) power. 

9. His veto power, and his power to make 
treaties are the legislative poweis of the Pres- 
ident (680,0). 

10. He is Commander-in-Chief of the United 
States Army and Navy, and of the militia of 
the several States, when called into the actual 
service of the United States. 

11. "He shall take care that the laws are 
faithfully executed." 

12. He may grant reprieves (687) and par- 
dons (574) for all offenses against the United 
States, except in cases of impeachment (404). 

18. He may require the written opinions of 
his Cabinet (116) officers on any questions re- 
lating to their respective departments (824). 

14. He may make treaties (817) with foreign 
nations, subject to ratification by two-thirds 
of the Senate. 

15. He may call, at will, special sessions of 
Congress, or of either house. 

10. He receives Ambassadors and Ministers 
'from other countries. 

17. With the consent of the Senate, he ap- 
12 



IT'J FACTS FN CIVIL GOVERNMENT 

points Ambassadors, (27), other public min- 
isters (516), Consuls (218), Judges of the Su- 
preme Court (787), his Cabinet, Customs offi- 
cers (171), Postmasters who receive $ 1,000 per 
year or more, and all other Federal officers 
whose appointments are not otherwise pro- 
vided for. 

18. The ( Constitution makes all his appoint- 
ments subject to ratification by the Senate, 
but empowers Congress to provide by law for 
the appointment of such inferior officers as it 
thinks proper, by the President alone, by 
courts of law, or by heads of departments, 
without such ratification. A great majority 
of the appointments are now thus made. 

19. He fills vacancies in office occurring when 
the Senate is not in session; but commissions 
(188) to fill such vacancies expire at theclose 
of the next session of the Senate. 

20. He can adjourn Congress when it can 
not decide on a time for adjournment; but this 
power has never been exercised. 

21 A Presidential appointment is made as 
follows: 

(a) The President nominates in writing. 
(/?) The Senate votes to confirm. 

(c) The President appoints. 

(d) A commission is issued bearing the sig- 
nature of the President and the seal of the U.S. 

22. He canjat will remove officers appointed 
by him. 

23. It is his duty to keep Congress informed 
on the condition of the Union and to recom- 
mend such measures as he shall deem necessa- 



FACTS IN CIVIL GOViQttNMENT 173 

ry and expedient. This he does in his message 
(634). 

24. The President must take the following 
oath or affirmation: ik l do solemnly swear 
(or affirm) that I will faithfully execute the 
office of President of the United States, and 
will, to the best of my ability, preserve, pro- 
tect and defend the Constitution of the United 
States." 

25. The Chief Justice of the Supreme Court 
administers the oath to the President. 

26. His term of office begins at 12 o'clock M. 
on the fourth day of March, at which time he 
is inaugurated immediately after the inaug- 
uration of the Vice-President (836). 

27. By the Presidential Succession Law of 
1886, in ca.se of the death, removal or resigna- 
tion of both the President and Vice-President, 
the office of the President is filled in the fol- 
lowing order of succession: — 

(7 ) By the Secretary of State. 

(2) By the Secretary of the Treasury, 

(3) By the Secretary of War. 

(4) By the Attorney General. 
{.")) By the Postmaster General 
(6) By the Secretary of the Navy. 

( 7) By the Secretary of the Interior. 
(#) The Secretary of Agriculture was not at 
that time (1886\ a Cabinet Officer. 

637. Previous Question.— The question 

whether or not debate shall cease and a vote 

be taken at once on a motion already before 

an assembly. 

2. A member moves "The previous question," 



174 FACTS IX CIVIL GOVERNMENT 

and the presiding* officer asks: "Shall the main 
question be now put?" 

3. If this question carries, debate ceases at 
once: further amendments are out of order, and 
the subject under consideration must be voted 
u po n i m med i ately . 

4. If the question fails, the business proceeds as 
if the previous question had not been moved. 

638. Primary.— A caucus (133); a district, 
township or ward mass meeting* of the voters 
of the same political party, to nominate candi- 
dates to fill local offices, to select delegates to 
the county convention, eet. 

G3J). Primary Election, — The method of select- 
ing* party candidates and delegates instead of 
in a convention. 

2. The election is held on the same day 
throughout the given territory, and only 
those may vote who are leg*al voters of the 
party holding the election. 

(>4(). Privateer, — A private vessel carrying- 
letters of marque and reprisal (475). 

641. Prize, or Prize of War. — A ship or goods 
of an enemy captured at sea in time of war. 

2. When a prize is lawfully captured, it is 
taken to the nearest court, condemned and 
sold at auction, and the net proceeds are di- 
vided by the court according' to law. 

3. When a vessel captures a prize equal or 
superior to itself, the entire prize is decreed to 
the captors, to be divided according to rank: 
but when it captures a prize inferior to itself, 
one half goes to the United States and the oth- 
er half is divided among the captors as nidi- 



FAOTS 1J* CIVII^ GOVERNMENT 175 

catecL 

4. In the case of privateers, the entire prize 
goes to the captors. 

5. To be a lawful prize, a, vessel must be tak- 
en on the high seas, or on the territorial seas 
of the belligerents. No prize can be lawfully 
taken on neutral waters. 

6. With the exception of contraband goods, 
neutral goods on the enemy's vessel or the ene- 
my's goods on a neutral vessel, can not be tak- 
en as a prize of war. 

642. Prize Court.— A court that decides 
whether a ship taken at sea during war, has 
been lawfully captured as a prize of war; and 
if so, it condemns it, and apportions it accord- 
ing to United States laws. 

2. In this country, the United States District 
Court sits as a prize court, where questions as 
to prizes are settled, with an appeal lying to 
the United States Supreme Court. 

643. Prize Money.— The part of the net pro- 
ceeds of a prize of war that is paid to the offi- 
cers and crew of a man-of-war as a reward for 
making the capture. 

644. Proclamation.— An official public an- 
nouncement. 

645. Inhibitions upon the States.— (870). 

646. Prohibitions upon the United States.— 
(869). 

647. Promissory Note. — A written promise to 
pay a certain sum of money to a certain spec- 
ified party at a certain future time. 

2. The mnker is the party that signs the 
note. 



17H FACTS IN CIVIL GOVERNMENT 

3. The payee is the party named in the note, 
to be paid. 

648. Proscription. — The act practiced by the 
Romans, of dooming to death, exile or out- 
lawry, by posting' in public a list of the names 
of those proscribed. 

649. Prosecuting* Attorney. — The public law- 
yer who prosecutes criminals and gives legal 
advice to county officers. 

650. Protection. — The theory that home pro- 
ducers should be protected against foreign 
competition in their own markets, by impos- 
ing a protective tariff (790) on imports (407). 

651. Protectionist. — One who believes in the 
theory of protection (650). 

652. Pro tempore. — For the time; as chair- 
man pro tempore, etc. 

653. Protest.— A formal written declaration 
made by a notary public, of the non-payment 
of a note or other negotiable paper when due, 
and protesting against all who are liable for 
its payment. 

654. Protocol. — The original or rough draft 
of a treaty or other writing. 

655. Proxy. — {a} A person who votes or 
acts for another as his substitute. 

(/_>) The writing by which one person is au- 
thorized to vote or act for another. 

656. Public Debt. — The public debt is in 
three forms: (a) bonds (97), (b) floating' debt 
(352), and (c) treasury notes or "greenbacks'* 
(384). 

657. Qualify.— To take the required oath of 
office before assuming official duties. 



FACTS IX (51VIL, GOVERNMENT 177 

658. Quarantine.— The cutting off of a place 
on account of malignant contagious disease 
therein, from all intercourse with the outside 
ay orld. 

2. By the laws of Congress, all vessels are 
subject to the laws of the State at whose ports 
they arrive. 

659. Quartering 1 Soldiers. — Furnishing them 
with board and lodging. 

660. Quartermaster. — An army officer who 
provides quarters, clothing, horses and other 
necessary supplies for the soldiers. 

661. Quash. — To annul; to make void; as 
to quash an indictment (415). 

662. Quorum.— The number of members of a 
body required to be present before business 
can be transacted. 

2. In each house of Congress, and in all 
State Legislatures, a majority of the mem- 
bers elected constitutes a quorum. 

3. But fewer than a quorum can — 
(h) Adjourn from day to day, and 

(b) Compel absent members to attend. 

4. In the election of a Vice-President by the 
Senate (724), however, two-thirds of the 
'whole number of Senators constitute a quo- 
rum; and in the election of a President by the 
House (399), a representation of one or more 
members from two-thirds of all the States, 
constitutes a quorum. 

663. Quo Warranto.— A writ issuing from a 
court of law, requiring a person or body of 
persons to show by what warrant, right or 
authority they hold or exercise a franchise or 



178 FAGOTS IX CIVIJ. GOVERNMENT 

privilege, or hold public office. 

664. Radicals. — Those who advocate posi- 
tive change in matters of government. 

665. Railroading-. — The rushing a bill through 
a legislative assembly by the efforts of cor- 
rupt members. 

666. Ratify. — To establish, or to make 
something valid by giving sanction to it. 

667. Real Estate or Property. — Lands and the 
buildings thereon. 

668. Rebellion.— Open and avowed forcible 
resistance to, and renunciation of. the author- 
ity of a government, with a view to over- 
throw it. 

660. Reciprocity. — A mutual agreement be- 
tween two nations to confer equal privileges 
upon each other in regard to customs duties, 
etc. 

2. The United States has reciprocity treat- 
ies with several governments. 

670. Recognizance.— An obligation having 
the effect of a bail bond, but differing from it 
in that it is made orally and sworn to in 
open court and noted on its records. 

671. Reconstruction. — The r e o r g a n i z i n g , 
after the Civil War, of the eleven seceded 
States, and the bringing them back into the 
Union, with their former constitutional rights. 

2. Tennessee was the first State restored, 
July 24, 1866; and Georgia the last, July 15, 1870. 

672. Reconstruction Committee. — A commit- 
tee of 15 appointed by Congress December, 
1865, to inquire into the condition of the seced- 
ed States and to report in regard to recon- 



FACTS IN CIVIL GOVERNMENT 17^> 

st ruction (671). 

2. The appointment of this committee 
greatly displeased President Johnson, and 
hastened the open disturbance between him 
and Congress. 

673. Red Cross Society. — An international 
association organized for the relief of the 
sick and the wounded in war. 

2. It Was organized at the Geneva Conven- 
tion, an international congress called for 
that purpose at Geneva, Switzerland, in 1864. 

3. By the international treaty arranged at 
that convention, ambulances, military hospi- 
tals and all persons attached thereto, are pro- 
tected and made neutral. 

4. The distinctive flag and arm-badge of the 
association have a red cross on a white 
ground — the Geneva cross. 

674. Red Tape. — Extreme and unnecessary 
official formality exercised in the transaction 
of public business. 

675. Reeve. — An officer; as governor, stew- 
ard, etc. In early times, an English magis- 
trate. Now used only in compounds, as 
shire-reeve, or sheriff. 

676. Referee. — A person to whom a ques- 
tion in dispute is referred for decision. 

677. Referendum. — The practice of submit- 
ting important legislative acts to a vote of 
the people for ratification before they can be- 
come law. It is practiced in Switzerland. 

2. It is practiced indirectly in the United 
States by embodying in the State Constitu- 
tion, non-constitutional provisions, or mat. 



180 FACTS IN CTVIL, GOVERNMENT 

ters properly belonging to statute law. 

3. In Minnesota and Wisconsin, a few cer- 
tain laws depend directly upon the vote of 
the people for their validity. 

678. Refunding*. — The replacing* of existing 
bonds with new bonds, usually for the pur- 
pose of securing- a lower rate of interest. 

679. Regents.— A board of directors or trust- 
ees; usually of a college or university. 

680. Regicide. — One who murders a king. 

681. Registration. — The method adopted in 
some States, especially in large cities, of pre- 
venting illegal voting by requiring citizens to 
satisfy the registration officers some days be- 
fore the election that such citizens are legal vot- 
ers, and to have their names enrolled on a reg- 
ister of those only who may vote. 

682. Regulars. — Soldiers belonging to the 
standing army (44,2). 

683. Remonetization.— The act of restoring 
anything as current money or legal tender; as 
the remonetization of silver in 1873. 

684. Repeater.— A person who votes at dif- 
ferent polls during the same election. 

685. Replevin. — An action brought to recover 
one's personal property wrongfully held by 
another. 

686. Representative, U. S. — A member of the 
lower house of Congress. 

2. There are 357, or one for every 173, 901 in- 
habitants. 

3. They are elected every even year, each Con- 
gressional District electing one. 

4. The term of office is two years, beginning 



FACTS IN CIVIL GOVERNMENT 181 

March 4th next succeeding- the election. 

5. Representatives receive $5,000 per year 
and 20 cents per mile in going to and return- 
ing from a session of Congress. 

6. The Speaker of the House receives $8,000 
per year. 

7. Representatives are paid monthly out of 
the national treasury. 

8. A Representative must be — 
{u) 25 years of age. 

(b) Seven years a citizen of the United 
States. 

(c) A resident of the State in which he is 
elected, at the time of his election. 

9. He need not necessarily be a voter; he 
may have just moved into the State. 

10. He may move from the State after his 
election and still serve out his term. 

11. He need not necessarily be a resident of 
the Congressional District electing him. 

12. He is the only Federal officer elected 
by popular vote. 

13. Those who may legally vote for mem- 
bers of the lower house of a State Legislature, 

may vote for United States Representatives. 

14. Each State must have at least one Rep- 
resentative. 

15. A person can hold no other Federal of- 
fice while he is a Representative. 

16. He can not, during the time for which 
he was elected, be appointed to any civil Fed- 
eral office created, or the salary of which has 
been increased, during such time. But he 
may be appointed to such a uiilitury office at 



182 FACTS TX OIVTL, GOVERNMENT 

any time, or to such a civil office after the 
term for which he was elected lias expired. 

17. Representatives must be elected in dis- 
tricts of contiguous territory, by written or 
printed ballots, and on the same day through- 
out the United States (the first Tuesday aft- 
er the first Monday in November), except 
where State Constitutions prescribe a differ- 
ent day. 

18. The Constitution does not limit the 
number of Representatives except that the 
representation must not exceed one for every 
30,000 inhabitants. 

19. Representatives represent the people, 
while Senators represent the State. 

20. Representatives are sworn in by the 
Speaker, who is himself sworn in by the Fa- 
ther of the House. 

687. Reprieve. — The suspension for a time 
of the execution of a sentence; as to postpone 
the execution of a criminal. 

688. Repudiation. — The act of renouncing or 
of disclaiming any thing*; as to repudiate a 
debt. etc. 

2. A State may repudiate its own contracts, 
in which case no court can enforce them, as 
no State can be sued. 

3. But no State can pass laws impairing' 
the obligation of lawful contracts between 
individuals, which would be unconstitution- 
al. 

689. Requisition. — A formal demand made 
by the authorities of one State or country 
upon those of another, for the surrender of a 



FACTS IN CIVIL GOVERNMENT 183 

fugitive criminal (385). 

690. Resignation. — The formal surrender of 
an office. 

(a) An elective officer usually addresses his 
resignation to the officer authorized to fill the 
vacancy or to order a new election, and (/>) 
an appointive officer usually sends his resig- 
nation to the authority that appointed him. 

691. Resolution. — A formal expression of 
purpose, determination, opinion or principle, 
presented to a deliberative body for discus- 
sion and adoption by vote. 

2. A simple resolution is one passed by a sin- 
gle house, whose affairs alone it affects. 

3. A concurrent resolution is one passed con- 
currently by the House and Senate, but not 
intended to have the force of law. 

4. A joint resolution is one passed concur- 
rently by both houses and intended to have 
the force of law — a temporary law, usually. 

(a) A joint resolution must be read three 
times before its passage, and requires the sig- 
nature of the President to make it valid; any 
other resolution is read but once, and does 
not require the President's signature. 

692. Respite.— A reprieve (687). 

693. Retroactive Law. — A law that affects 
acts done prior to the enactment of the law. 

2. In criminal matters, such a law is forbid- 
den; but in civil matters, such a law, of a cur- 
ative nature, may be passed. 

694. Returning Boards. — Boards provided 
for by the reconstructed States of the South 
generally; usually composed of three State 



184 FACTS IN CIVIL GOVERNMENT 

officers and two citizens, and empowered 
to canvass the votes and declare the results 
of all elections. 

2. The object was to guard against intimi- 
dation in elections by disfranchised (285) citi- 
zens. 

695. Revenue,— The money collected by the 
government for public purposes. The income 
of the government. 

2. The national revenue is practically all 
raised by indirect taxation (792,3), from cus- 
toms duties (296) and excise duties (321). 

3. All bills for raising national revenue must 
originate in the House; but the Senate may 
propose amendments. 

4. Congress enacts all national revenue 
laws (695). 

5. State revenue is raised mainly by direct 
taxation (792,4). 

696. Revenue Bill. — A bill to raise money 
for the support of the government. 

2. Such a bill must originate in the House 
of Representatives. 

3. But the Senate may originate bills itpprch, 
printing- money. 

697. Revenue Cutter.— A small, fleet vessel 
employed by the government at ports of en- 
try (621,2) to aid in enforcing the revenue laws. 

698. Revolt. — A renunciation of allegiance 
to a government with a view to overthrow 
or to change it by force. 

699. Revolution. — A fundamental change in 
the political organization of a government, 
brought about by rebellion. 



FACTS IN CIVIL GOVERNMENT 185 

700. Rider.— A special additional clause, usu- 
ally containing an unpopular feature, annex- 
ed to an already complete bill, in the course of 
legislation, in order that it may ride through 
on the popularity of the main bill. 

701. Rigli of Suffrage.— The right to vote. 

702. Riot. — A tumultuous disturbance of the 
public peace, by three or more persons unlaw- 
fully assembled, for the execution by violence, 
of some private purpose either lawful or un- 
lawful. 

708. Robbery. — The forcible and unlawful 
taking of goods of another in his presence 
against his will, or by putting him in fear of 
bodily injury. 

2. It is made a felony by statute. 

704. Roorbach. — A falsehood or ficticious 
story published for political intrigue. The 
term originated in the campaign of 1844. 

705. Rotation in Office. — The practice of fre- 
quently changing public officers by dismissing 
them and substituting new men. 

706. Round Robin. — A written petition, pro- 
test, remonstrance, or memorial, with the 
names of the signers written in a circle so that 
no name appears first on the list, thus desig- 
nating no parties as leaders. 

707. Royalty. — The percentage, or the share 
of profit paid by a publisher or manufactur- 
er, to the owner of a copyright or patent, for 
the right to issue the publication, or to man- 
ufacture the article. 

708. Saiary Grab. — A term applied to an act 
of Congress of March 3, 1873, paying Senators 



18(5 FACTS LN CIVIL GOVR'ItNMKNT 

and Representatives $7,300 per year, and 
the Speaker of the House, $ 10,000, with back 
pay (Act March 4, 1873) from March 4, 1871. 

2. The act also raised without backpay, the 
salary of the President to $50,000; of the Chief 
Justice, to $10,500; those of the Vice-President, 
the Cabinet officers and the Associate Justic- 
es, to $10,000. 

3. The next Congress repealed the laws ex- 
cept as they affected the salaries of the Presi- 
dent and Justices. 

7(M>. Salute. — A mark of respect shown by 
firing guns, dipping flags, etc. 

2. The Salute to the Union consists in firing 
a gun for every State in the Union. It is tired 
every Fourth of July, at noon, at every mili- 
tary post and on board United States naval 
vessels. 

3. The National Salute, to the national flag, 
the President and royal personages; twenty 
one guns. 

4. The salute to the flag is the only salute 
returned, which must be done within 24 hours. 

5. Other salutes are; for Viee-President, 11) 
guns; for Cabinet officers, Governors of Stated 
commanding Generals and Admirals, 17 
guns; for United States and foreign Ambas- 
sadors, 15 guns; and for Major Generals, 13 
guns, etc. 

6. All salutes are tired between sunrise and 
sunset. 

710. Salvage. — That part of the property or 
value thereof, allowed to the owner, master 
and crew of a vessel that voluntarily saves 



FACTS 131 CIVIL, (iOVEKXMEXT 187 

another vessel or her cargo when abandoned 
or in great peril at sea. 

2. It sometimes amounts to one-half the 
value of the property saved. 

3. Its object is to encourage vessels to aid 
each other when in danger. 

711. Scratching-. —Erasing- or canceling the 
name or names of candidates from a ballot, 
thereby refusing to vote for some of the party 
candidates. 

712. Seal. — A formally adopted device en- 
graved on a stamp for officially stamping 
documents as evidence of their authenticity. 

2. A Great Seal is the principal seal of a 
State or of a nation. 

3. The Secretary of State is the custodian of 
the Great Seal of the United States. He affix- 
es it to all executive documents, commissions 
and important State papers. 

4. The Lesser Seal is used in some of the 
States for stamping unimportant documents. 

5. The United States has no lesser seal. 

713. Sealed Orders. — Orders sealed and deliv- 
ered to a commander in the Navy, to be 
opened only after his vessel has put to sea or 
has reached a certain designated point. 

714. Sea Letter.— The passport (580) which 
a neutral merchant vessel must carry in time 
of war. 

715. Search Warrant. — A warrant legally 
authorizing an officer to search a certain house 
or place for stolen goods (888). 

716. Secession.— The voluntary withdrawal 
of a State or State* from the National Union, 

18 



Ins facts in civil government 

2. Eleven States seceded in 1860 and 1861. 

3. The first suggestion of secession was made 
by Josiah Quincy, of Massachusetts, in 1811, 
who said in Congress, that if Louisiana should 
be admitted into the Union as a State, "It 
will be the right of all and the duty of some 
[States] definitely to prepare for separation; 
amicably if they can, violently if they must." 

717. Secession Ordinance. — An act passed, by 
the Legislature of a State, declaring for seces- 
sion (716). 

2. Secession ordinances were passed by the 
eleven seceding States in 1860-61. 

718. Secretary of Legation. — The secretary 
of an embassy or legation (308). 

2. He usually temporarily assumes the du- 
ties of the Minister in case of his removal. 

719. Sedition. — The raising of a feeling of 
discontent and opposition in a State, without 
intending' open violence against the laws. 

7 20. Seigniorage. — The difference between the 
actual cost of a quantity of bullion and the 
face value of the coin made from it. 

2. The seigniorage is turned into the national 
treasury and belongs to the government. 

721. Selectmen. — The trustees or board of 
officers of the New England town, who trans- 
act the public business. 

722. Senate. — The upper, less numerous, 
and more distinguished branch of Congress or 
of a State Legislature. 

723. Senate Chamber.— The hall in which a 
Senate meets to transact business. 

724. Senate, United States.— The upper and 



FACTS IN CIVIL GOVERNMENT 189 

less numerous house of Congress. 

2. It is composed (1899) of ninety members — 
two from each State. 

3. It has the sole power to try impeachments 
(404). 

4. It ratifies treaties (817) and confirms ap- 
pointments made by the President (636). 

5. It is a continuous body, and is always 
organized and ready for business immediate- 
ly upon convening*. 

6. It represents the Federal idea of our gov- 
ernment — the States — while the House of 
Representatives represents the National idea 
— the people. 

7. It makes its own rules of procedure. 

8. It elects its committees by ballot; while 
in the House, they are appointed by the 
Speaker. 

9. The Vice-President of the United States 
is ex officio (329) President of the Senate; but 
he can not vote except in case of a tie. 

10. It elects a President pro tempore (652) 
to preside over the Senate in the absence of 
the Vice-President. 

11. The President may call it into extra ex- 
ecutive session without calling the House. 

12. It may punish its members for disorderly 
behavior in any way it deems proper (201, 
22). 

13. It may expel a member by a two -thirds 
quorum vote (662). 

14. It elects a Vice-President of the United 
States if the Electors fail to do so (836). 

15. The length of speeches is not limited in 



190 FA(7FS IX OTVTIV OOVE-RNMRWT 

the Senate as in the House. 

16, The yea and nay vote (859) must be re- 
corded in the journal if one-fifth of the mem- 
bers present demand it. 

17. The Senate is judge of the election, re- 
turns and qualifications of its own members. 

IS. The first Senate opened with nineteen 
members . 

11). The Chief Justice presides when the Pres- 
ident is impeached (404). 

20. The oath of office is administered by the 
Vice-President. 

21. It elects the following officers: 

(2) A President pro ten}]) ore to preside in 
the absence of the Vice-President. 
{2\ A Chief Clerk, 
(.V) A Serjeant-at-Arms, 
(4) A. Postmaster, 
(.7) A Librarian, 

(6) A Chaplain, 

(7) A Doorkeeper, and a very large number 
of subordinates, none of whom are Senators 
except the President pro tempore. 

22. The presiding officer is addressed as 
"Mr. President/' 

23. It can not adjourn for more than three 
days at a time, nor to any other place than 
that in which it is sitting, without the con- 
sent of the House. 

24. If vacancies occur in appointive Federal 
offices when the Senate is not in session, the 
President may fill the same temporarily until 
the Senate meets. 

25. When a vacancy occurs in the Senate, 



FACTS IN CIVIL GOVERNMENT 19J 

the Legislature of the State from which the 
vacancy occurs, on the second Tuesday after 
notice of such vacancy is received, proceeds to 
elect a Senator for the unexpired term. 

26. If such State Legislature is not in session 
when such vacancy occurs, the Governor ap- 
points a Senator to serve until the Legislat- 
ure convenes and elects one. 

27. The Senate has concurrent jurisdiction 
with the House in enacting laws. 

28. Each daily session of the Senate is open- 
ed with prayer. 

29. Senators and Representatives are not 
Federal officers, and cannot be impeached. 

House of Representatives, (399); Congress, 
(201); Representatives, (086). 

725. Senator, U. S. — A member of the upper 
house of Congress. 

2. There are 90 Senators — two from each 
State. 

3. Senators represent the States, while Rep- 
resentatives represent the people. 

4. Congress may by law regulate the elec- 
tion of Senators, except as to the places of 
choosing them. 

5. The first Federal law governing the elec- 
tion of Senators was passed in 1866, when the 
present mode of election was provided. 

6. In 1789, the Senators were divided by lot 
into three classes; one-third of them retiring 
every two years, thus making the Senate 
practically a perpetual body. 

7. The term of a Senator is six years. 

8. He (a) must be thirty years old. 



192 FACTS IN CIVIL GOVERNMENT 

(b) Must have been a citizen of the United 
States nine years. 

(c) Must be an inhabitant of the State from 
which he is elected. 

9. After his election, a Senator may move 
from his State and still serve out his term. 

10. If a Senator resigns, he directs his res- 
ignation to the Governor of his State. 

11. Senators are elected by the State Legisla- 
tures as follows: 

( a ) On the second 'Fnesduy after the meeting 
and organization of a Legislature preceding 
the expiration of the term of a Senator, each 
house votes separately for * a Senator, each 
member, as his name is called, naming his can- 
didate. The next day, at noon, both houses 
convene in joint session, and if the same person 
has received a majority of all the votes in each 
house, he is declared elected. If no person 
has received such majority, the joint assembly 
proceeds to choose a Senator by a viva voce 
vote. A majority of each house constitutes 
a quorum, and a majority of all votes cast 
elects. 

{b) If no person is elected the first day, 
the joint assembly convenes daily at twelve 
o'clock, and takes at least one vote each day, 
during the session, or until a Senator is elect- 
ed. 

12. If a vacancy occurs Avhen the Legislature 
is not in session, the Governor appoints a 
Senator to serve until the Legislature meets, 
when the unexpired term is filled regularly as 
above. 



FACTS IN CIVIT, GOVERNMENT 193 

13. If a vacancy occurs while the Legislature 
is in session, the election occurs on the second 
Tuesday after the Legislature is notified of 
such vacancy. 

14. Senators receive $5,000 each per year and 
20 cents per mile going to and returning from 
Washington, 

15. Each Senator is allowed a private Secre - 
tary at $100 per month. 

16. The Vice-President administers the oath 
to Senators. 

Privileged from arrest, (48); Cannot hold 
other offices (866,2). 

726, Sessions of Congress^ — Regular Sessions: 
The sessions of Congress beginning on the 
first Monday in December of each year. Each 
Congress holds two regular sessions. 

2. Long Session. — The first regular session 
of Congress; so called because it may con- 
tinue a whole year. 

3. Short Session.^ The second regular ses- 
sion of Congress — it must end by noon on 
the fourth day of March, when the new 
Congress comes into power. All work done 
on the fourth bears date of the third. 

4. Extra Session. — A session of Congress 
held between the regular sessions. 

(2) The President can convene one or both 
houses in extra session at pleasure. 

(3) The Fortieth Congress held three extra 
sessions. 

5. Joint Session. — A session of the two legis- 
lative brandies organized as one body. 

6. Executive Session, — A secret session of the 



194 FACTS IN CIVIL GOVERNMENT 

Senate held to confirm appointments made 
by the President, to ratify treaties, etc. 

(2) On going* into office, the President con- 
venes the Senate in extra executive session to 
confirm his Cabinet. 

727. Sheriff'. — The chief excutive officer of a 
county. 

2. He has charge of the jail, serves writs, 
waits upon the court, and, in some States, 
collects taxes and acts as county treasurer. 

728. Shire.— A county. 

729. Sieg*e.— The surrounding a place by an 
army for the purpose of compelling it to sur- 
render. 

730. Signal Service. — A n organization con- 
nected with the War Department, that at- 
tends to the transmission of communications 
from a part of a battlefield or from one ves- 
sel in the Navy, by means of a system of sig- 
nals. 

2. Men are trained for the signal service at 
a special school at Fort Whipple, Virginia. 

'6. The Weather Bureau (847) is a division 
of this service. 

731. Signal Station.— A station in the signal 
service (730) where observations are taken 
and signals are displayed. 

732. Silver Bug's.— Those who favor the free 
coinage of silver (364). 

733. Sine Die. — Without a day appointed; as 
to adjourn sine die — indefinitely. 

734. Single Standard.— The use of gold alone 
or silver alone as a standard of money value. 

735. Single Tax.— A proposed system of 



FACTS IN CIVIL GFOVKKNMKNT 195 

raising* all public revenues by a tax upon land 
values alone, irrespective of improvements. 

736. Sinking* Fund,— A fund set apart by the 
government, a State, or a corporation, to be 
applied to the reduction of its debt. 

737. Sixteen-to-One. — An expression mean- 
ing that the mint value of sixteen ounces 
of silver shall be equal to the mint value of 
one ounce of gold; or that the pure silver in 
one silver dollar shall weigh as much as the 
pure gold in sixteen gold dollars. 

738. Slander. — An oral, false, malicious state- 
ment about another, that injures him in his 
reputation or business. 

2. It is not an indictable offense, but the 
person injured may recover damage in a civil 
suit (785). 

3. He who knowingly repeats a slander, is 
liable the same as he who originates it. 

4. If published, slander becomes libel (478). 

739. Smithsonian Institution. — A scientific 
institution in Washington, organized by Con- 
gress, iu 1846, agreeable to the provision of 
James Smithson, of England, who left $515,169 
to the United States government "for the in- 
crease and diffusion of knowledge among 
men." 

740. Smuggler.— {a) One who smuggles. 
(b) A vessel employed in smuggling. 

741. Smuggling*. —Importing goods secretly 
to evade paying the legal duty thereon. 

2. If detected, the smuggled goods * are for- 
feited to the government, and the smuggler 
may be further punished. 



196 FACTS IX CIVIL GOVERNMENT 

742. Socialism. — A proposed system of in- 
dustrial social reform which contemplates the 
social or collective, as opposed to the individu- 
al, ownership of the means of production; the 
collective management of production arid the 
just and equitable distribution of products by 
society. 

743. Solicitor General. — The chief assistant 
to the Attorney General (324,4,2). 

744. Solvency. — Ability to pay all just debts 
as they fall due. 

745. Sororicide. — (a) The crime of killing 
one's own sister. 

(/>) One who kills his own sister. 

746. Sovereign. — The person, or body of per- 
sons, in whom the supreme executive and 
legislative power of a state is vested. 

2 Tn limited monarchies, the king is usual- 
ly called the sovereign, though he does not 
possess supreme power. 

3. In the United States, the sovereign power 
is vested in the people, who act through their 
Representatives. 

747. Sovereign State. — A state that admin- 
isters its own government independently of 
any other state or government. 

2. A sovereign state has (a) the absolute 
right to control its own members and (b) the 
absolute right to oppose interference in its af- 
fairs by any other state. 

748. Sovereignty. — (a) Supreme power or 
dominion. 

(b) A sovereign state. 
741). Speaker.— The presiding officer of the 



FACTS IN CIVIL GOVERNMENT 197 

House of Representatives. 

2. He is addressed as "Mr. Speaker." 

3. His compensation is $8,001) and the usual 
mileage (686,5). 

4. He is always a member of the House, 
and can therefore vote on all questions. 

5. The Clerk of the previous House presides 
until the Speaker is elected. 

6. Next to the President, he is the most 
powerful officer of the government, owing to 
his power to appoint the committees of the 
House, thus affecting legislation in a marked 
degree. 

7. The above fact makes the election of 
Speaker exciting; in 1855-6, no Speaker was 
elected until the 2nd of February. 

8. The title Speaker is also applied to the 
presiding officer of the lower house of a 
State Legislature, and to the presiding officer 
of the House of Commons. 

750. Specie. — Money made of metal; coin. 

751. Specie Payment.— The payment of obli- 
gations in coin. 

752. Spoils System. — The practice of remov- 
ing public officers and filling their places 
with active partisans from the ranks of the 
party in power. 

2. The system originated in Pennsylvania 
and New York about the beginning of this 
century. 

3. It was inaugurated as a national system 
by President Jackson, who removed about 
2,000 the first year of his term, while the 
whole number removed up to that time, was 



198 FACTS IN CIVI1/ GOVERNMENT 

seventy-four. 

4. The system is so called from "To the vic- 
tors belong' the spoils," spoken by W. L. Mar- 
cy, of New York, in the Senate in 1831. 

753. Spy. — A secret agent who, in time of 
war, enters the enemy's camp % or lines to as- 
certain and report his plans, strength, etc. 

2. If caught in citizen's dress, or in the uni- 
form of the camp in which he is found, he is, by 
international law, hanged without mercy. 
But if he wears the uniform of his own side, 
he is treated merely as a prisoner of war. 

754. Squatter Sovereignty,— A phrase applied 
to the doctrine of pro-slavery men, that it 
should be left to the inhabitants of each terri- 
tory to decide whether it should become a 
free State or a slave State. 

755. Staff. — A body of officers attached to a 
superior officer, usually in the army, to as- 
sist him in carrying his plans into execution. 

756. Stalwarts. — Those who stood boldly 
and firmly in the national convention of 1880, 
for Grant's election to the presidency a third 
time. 

2. They were led by Rosco Conkling. 

757. Stamp Act. — An Act of Parliament, 1765, 
taxing the Colonies through a stamp duty. 

2. It was repealed in 1769, on account of the 
violent opposition of the colonists to "taxa- 
tion without representation. 

758. Stamp Act Congress.— A body of 27 del- 
egates from nine of the Thirteen Colonies, 
which met in New York, Oct. 7-25, 1765. 

2. It drew up a petition to the king, and 



PACTS I\ OlVIli QOVRHN T ME??T 199 

the Declaration of Eights or a "Declaration of 
Rights and Grievances of the Colonies of 
America,' 1 protesting against the Stamp Act 
and all attempts of Parliament to tax the 
colonists, and claiming for themselves all the 
rights of British subjects. 

759. Standard Bullion. — Gold and silver bull- 
ion of the fineness of gold and silver coin dol- 
lars. 

2. It contains 90 parts of pure gold or silver 
and 10 parts of copper alloy. 

760. Star Chamber Sessions. — Any secret 
sessions. Sometimes applied to executive 
sessions of the Senate. 

761. Star Route.— A postal line over which 
mail is carried in any other way than by rail- 
road or steamboat; so called because such 
lines are indicated by stars on the books of 
the postal department. 

762. Stars and Bars.— The flag of the South- 
ern Confederacy during the Civil War. 

763. Stars and Stripes. — A popular nickname 
for the United States flag (350). 

764. State.— ia) A body politic (94); the 
whole body of p3ople of a certain limited t?r- 
ritory organized under the same government; 
a nation. 

2. State and government are not synony- 
mous terms; the state is all the people, while 
the government is a few persons intrusted 
with the ruling power. The government may 
be changed without changing the state. The 
government derives all its powers from the 
state. 



200 FACTS IN CIVIL GOVERNMENT 

(b) In the United States, one of the 45 
commonwealths forming- the Federal Union. 

Powers of States, (627). 

Powers denied the States, (870). 

States' Rights, (768). 

765. State Courts. — The court systems of 
the different States vary so greatly that noth- 
ing- better can be done than to give a general 
outline of the different courts. 

2. The Supreme Court or Court of Appeals 
is the highest State Court, and consists of a 
Chief Justice and several Associate Judges. 

(2) Every State has one Supreme Court. 

(#) Its jurisdiction is generally appellate; 
but in some cases, it is original, and extends 
to both civil and criminal proceedings. 

(4) It decides all State Constitutional ques- 
tions. 

(5) It decides questions of law; questions of 
fact coming up incidentally, are referred back 
to the lower courts for decision. 

(6) All its decisions and opinions are pub- 
lished in bound volumes. 

3. The Circuit, Superior or District Court, 
is inferior to the Supreme Court. 

(2) Every State is divided into several cir- 
cuits, each of which comprises several coun- 
ties (sometimes one very large county may 
form a district) and in each circuit, a Judge is 
elected who is required to hold several stat- 
ed sessions of court in each county of his cir- 
cuit every year. 

{o) Circuit Courts have original and appel- 
late jurisdiction in both civil and criminal 



FACTS IN CTVII, GOVERNMENT 201 

cases; they transact most of the judicial busi- 
ness of the State. 

(4) Cases may be appealed from this court 
to the Supreme Court. 

4. The Probate, Surrogate, or Orphan's 
Court is a court that attends to the proving; 
of wills, and to the settlement of the estates of 
deceased persons. 

(2) If a deceased person leaves no will, this 
court appoints an administrator (11). 

(3) There is one court consisting of one 
Judge in each county. 

(4) Appeals lie from this court to higher 
courts. 

5. The Justice's Court is a court presided 
over by a Justice of the Peace (454). 

(2) It is the oldest and humblest court in 
the land, and ofcourse it has original juris- 
diction only. 

(3) It tries petty criminal cases, and civil 
cases involving sums up to a certain amount 
varying in the different States. 

6. The Court of Impeach went is the Senate 
sitting as a Court to try an impeachment 
(404) made against a public officer by the 
lower house. 

7. The Court of Oyer and Terminer is a court 
that hears and determines criminal cases alone. 

8. The Court of Sessions is. also, a court hav- 
ing criminal jurisdiction. 

9. The Police Court is an inferior court held 
in a city or town for the trial of persons 
brought before it by the Police, charged with 
minor local offenses. 



202 FACTS IN CIVIL GOVERNMENT 

10. The Court of Common Pleas inmost cas- 
es, is a county court having jurisdiction hi civ- 
il cases only; in some States, however, it has 
both civil and criminal jurisdiction, which ex- 
tends throughout the whole State. 

11. The Co urt of Eq uity or Co urt of Chancery 
is a court for the trial of those peculiar cases 
for which the courts of law, owing to the de- 
ficiency of statutory law, provide no plain, 
adequate and complete remedy. 

(2) This court does not change the written 
law; it simply supplies that wherein the law, 
on occount of its universality, is deficient, and 
applies it to the case in hand, as the circum- 
stances and justice of the case may require. 

(3) Only a few States have separate courts 
of chancery and of law; in most States, the 
same tribunal sits as a court of equity or as 
a law court, according to the nature of the 
case presented for adjudication. 

766. State Government. — State government 
in the United States, resembles the national 
government; and he who understands well the 
latter, has a good general idea of the former, 
as the State may be considered as a miniature 
nation. 

2. Each State has the three departments of 
government (371). 

3. Each State has a Governor, a Supreme 
Court, and a Legislature consisting of two 
branches. 

4. In eleven States, the legislative body is 
called the General Assembly. 

5. In Massachusetts and New Hampshire. 



FACTS IN CIVIL, GOVERNMENT 203 

it is called the General Court. 

6. States differ somewhat in the names 
and number of officers, terms of office, and 
salaries 

7. It would require to much space to describe 
each State government separately. 

8. A knowledge of the government of one's 
own State will give the student an idea suf- 
ficiently full and accurately. 

767. Statesman. — A man engaged in public 
affairs, who is well versed in the science and art 
of government, and who possesses marked 
political abilities. 

7 68- States' Rights. — The rights of the individ- 
ual States as such, as distinguished fro,m the 
rights of the Federal government. 

2. The phrase is usually applied to the doc- 
trine that States could individually nullify 
acts of Congress, or secede from the Union at 
pleasure. 

769. Statute. — A positive law enacted by a 
legislative body. An enactment. 

770. Statute Law.— The written law. The 
acts passed by representative legislative as- 
semblies. 

2. In all cases where Statute and Common 
Law conflict, the Statute Law takes prece- 
dence. 

771. Statute of Frauds.— An old English 
statute (1676) requiring certain contracts and 
agreements to be in writing in order to be le- 
gally binding; for example, a contract that 
can not be performed within a year must be 
reduced to writing to be legally binding. 

U 



204 FACTS IN CIVIL (H)YKKNMBNT 

2. The statute of frauds in various forms, is 
in force iu all the States except Pennsylvania. 

772. Statute of Limitations.— A statute pre- 
prescribing the time within which an action 
at law must be commenced in order to enforce 
rights. 

773. Strike. — The agreement of a body of 
workmen to do no more work until their em- 
ployer complies with certain demands made 
by them. 

7 74. Struck Jury. — A special jury composed 
of men who, on account of their occupation, 
etc., are especially qualified to decide a spe- 
cial case. 

2. For such a jury. 48 names are selected. 
From this list the contending- parties alter- 
nately strike off 12 names, and the remaining* 
24 are summoned, and from this number the 
jury is regularly impanelled. 

775. Stuffing the Ballot Box.— Putting fraud- 
ulent votes into the ballot box for the pur- 
pose of giving- one party an unfair advantage. 

776. Stump Speech.— A political harangue 
made in a campaign for the purpose of win- 
ning votes. 

2. It is so called from the fact that in early 
colonial times, the political orator used a 
stump for his platform. 

777. Subaltern. — A commissioned military 
officer inferior in rank to a captain; that 
is, a Lieutenant. 

778. Subject.— A citizen; one owing* alle- 
giance to a sovereign or to a sovereign state. 

779. Subornation.— The act of bribing or per- 



FACTS IN CIVIL GOVERNMENT 205 

snarling- a person (a) to commit perjury, or 
(/>) to do any criminal act. 

780. Subpoena. — (a) A writ or process or- 
dering a witness, under penalty, to appear in 
a court of justice and testify. 

(b) A process or writ commanding a de- 
fendant in equity to appear and answer the 
plaintiff's bill. 

781. Subsidiary Coin. — Silver coin of less val- 
ue than one dollar. 

2. They are legal tender for any sum not 
exceeding ten dollars. 

782. Subsidy.— (n) Money or other aid 
granted by the Nation, a State, or a munic- 
ipal government, to a private individual or a 
corporation, to aid in establishing or main- 
taining a private enterprise that will be of 
special benefit to the public; as to grant a 
subsidy to a railroad, etc. 

(b) Money paid by one government to an- 
other for the purpose of securing the aid or 
neutrality of the latter in time of war. 

2. A subsidy differs from a tribute in that 
the former is voluntary, while the latter is de- 
manded or exacted. 

783. Suffrage. — Vote; expression of choice. 

784. Suffragist.— A voter. 

785. Suit, Cause, Action or Case. — An action 
prosecuted in a court of justice by one party 
against another, to recover, enforce or pro- 
tect a right, or to punish or prevent a wrong. 

2. A civil suit is a suit between persons, 
real or fictitious (corporations), to recover, 
enforce or protect a right, where no crime is 



206* FACTS Ix\ CIVIL GOVERNMENT 

alleged. 

3. A criminal suit, in which a State or the 
United States is always the plaintiff, is an ac- 
tion brought against a person for committing 

a crime (247) or a misdemeanor (523). 

4. A suit in equity is a suit brought in a 
chancery court (.765,11) to enforce aright not 
definitely provided for by statutory law. 

786. Summons, — A legal notice to a defendant 
to appear in court at a specified time to 
answer to the demands of a plaintiff. 

787. Supreme Court, U. S. — The highest 
court of the land, from whose decision there 
is no appeal. 

2. It consists of one Chief Justice and eight 
Associate Justices (340). 

8. It holds one annual session each year in 
the capitol at Washington, convening* on the 
second Monday in October. 

4. Six of the Judges constitute a quorum, 
and the agreement of a majority stands as 
the decision of the court. 

5. Each of the nine Justices is appointed to 
one of the Federal Circuits (146,4), where, by- 
law, he is required to hold one session in 
two years. 

6. It has original jurisdiction only in cases 
affecting ambassadors, other public ministers 
and consuls, an d in cases in which a State is 
a party. In all other cases, it has only appel- 
late jurisdiction — that is, it reviews cases 
appealed from the inferior courts. 

7. Its appellate jurisdiction is subject to ex - 
emptions and regulations made by Congress. 



FACTS IN CIVII, GOVERNMENT 207 

which mar and does, provide for the final dis- 
position of certain classes of cases in inferior 
courts. 

8. It appoints its own Marshal, or Federal 
sheriff; a Clerk, and a Reporter who edits and 
publishes its decisions. 
. 9. It has no juries. 

10. It can modify or reverse its own decis- 
ions. 

11. Any ease whatever involving the inter- 
pretation of the Constitution can be appealed 
to the Supreme Court. 

12. Cases may be, appealed to this court 
from the Supreme Courts of the Territories 
and of the District of Columbia. 

13. A case can not be appealed from a State 
court to the Supreme Court, except on the 
ground that the decision of the State court 
conflicts with the Constitution or with the 
Federal laws. 

788. Supreme Law of the Land,— The Consti- 
tution, the Statutes of Congress, and all treat- 
ies made under the authority of the United 
States. 

789. Surrogate,— A Probate Judge (765,4). 

790. Tariff. — {a) A schedule or table of duties 
charged on the imports or exports of a country. 

{b) The duty, or the rate of duty, charged 
on imports or exports. 

2. The United States and Great Britain 
impose duties only on imports. 

B. Tariff on exports is forbidden by the Con- 
stitution. 

4. Tariff must be paid in gold by the im- 



208 FACTS rx CIVIL GOVERNMENT 

porter. 

5. Protective tariff is tariff laid on imported 
goods for the purpose of protecting and en- 
couraging' home industries. 

(2) The first protective tariff act was pass- 
ed July, 1789. 

{2) Canada. Australia, and most continent- 
al countries have protective tariffs. 

6. Revenue tariff is tariff laid on certain 
goods solely to raise money for the support 
of the government. 

7. Congress alone can impose a tariff on 
goods. Exception, (870,2). 

8. Under the Oou federation, the States 
passed tariff laws. 

791. Tariff 4 of Abominations.— The very high 
protective tariff of 1828. 

792. Tax. — Money levied and collected by 
the government for public purposes. 

2. A direct tax is paid directly by the tax- 
payer to the government. 

8. An indirect tax is paid directly by the 
owner of goods, and then later by the pur- 
chaser. 

t Direct* Poll Tax. 
4 Tixes -J ' 2reff IProperty Tax. 

4 ' X h - 1 indirect f Duties or Omtomm, 
{ nmn ecT \Excises or Int. Rev. 

5. The national government usually raises 
all its revenue by indirect taxes. 

6. State and local governments raise revenue 
mainly by direct taxation. 

7. When the national government levies a 
direct tax, it must be apportioned among the 



FACTS JX CIVII, GOVERNMENT 209 

States and Territories according- to popula- 
tion. This was done in 1798, 1813, 1815, 1816, 
and 1861. 

8. No poll tax has ever been levied by the 
general government. 

9. Under the Articles of Confederation (52), 
Congress could not collect taxes; it could only 
ask the States to do so. 

10. Certain kinds of property are usually ex- 
empt from taxation — all public property, 
cemeteries, charitable, humane and educa- 
tional institutions, churches, etc. 

11. The only limit to the taxing power of 
Congress is that it cannot levy a tax on ex- 
ports. 

Income Tux, (411); Single Tux, (735). 

793. Teller. — A person appointed to count 
the votes cast in a legislative or other assem- 
bly. 

794. Tenure. — The act, right or manner of 
holding real estate. 

795. Tenure of Office Bill. — A bill providing 
that persons holding, or appointed to any 
civil office by and with the consent of the Sen- 
ate, should be entitled to hold such office un- 
til a successor should be, in like manner, ap- 
pointed and duly qualified. 

2. It was passed in 1867, over President 
Johnson's veto, and was repealed in 1887. 

3. In 1868, President Johnson was impeach- 
ed mainly for violating this act. 

4. The President can now remove his ap- 
pointees at will. 

7.96. Territorial Sea.— The waters of the 



210 FACTS IN CIVIL GOVERNMENT 

ocean off the coast of any country to the dis- 
tance of three miles, is the territorial sea of 
that particular country. 

797. Territory. — A definite portion of a 
country, organized with a government under 
the direction and control of Congress, and not 
yet having been admitted into the Union as a 
State. 

2. When a territory is organized, the Pres- 
ident, with the consent of the Senate, appoints 
a Governor, a Secretary, a Chief Justice and 
two Associate Justices of the Supreme Court, 
an Attorney and a Marshal, for the term of four 
years, unless sooner removed by the President. 

8. All other territorial officers are appoint- 
ed by the Governor with the advice and con- 
sent of the Council or territorial Senate. 

4. Justices of the Peace and military officers 
are elected; all other township, district and 
county officers are either appointed or elected 
a s provided for by the G overnor and the Legis- 
lature. 

5. Every Territory is divided into three judi- 
cial districts, in which the three Supreme Judg- 
es singly hold District Courts. 

6. The Supreme Court must hold one term 
annually at the seat of government of the Ter- 
ritory. 

7. The Supreme Court has appellate juris- 
diction over cases decided by the District 
Courts. 

8. Inferior Courts are established by the ter- 
ritorial Legislature, which is elected. 

9* The salaries of territorial officers are as 



FACTS IN CIVIL GOVERNMENT 211 

follows: 

(1) Governor, $3,500 per year. 

(2) Secretary, $2,500 per year. 

(3) Supreme Judges, $3,000 per year. 

(4) Attorney, $250 per year and fees. 

(5) Marshal, $200 per year and fees. 

(6') President of the Council and Speaker 
of the House of Representatives, $10 per day 
and mileage. 

( 7) Other Legislators, $6 per day and mile- 
age. 

10. Territorial officers are paid quarterly 
out of the United States Treasury. 

11. The Legislature makes the laws, but 
they must be submitted to Congress for ap- 
proval before they become effective, as Con- 
gress has supreme control over territorial 
governments. 

12. Territories have no Senators nor Repre- 
sentatives in Congress, but each Territory 
elects one Delegate to the House of Represent- 
atives. He may debate and serve on com- 
mittees, but he can not vote. 

13. A Delegate receives $5,000 per year and 
the usual mileage. 

14. All the States except Maine, Vermont, 
West Virginia, California, Texas and the 
Thirteen Original States, had territorial gov- 
ernments at one time. 

15 There are three organized Territories 
governed as above, viz., Arizona, New Mexi- 
co and Oklahoma. 

16. Exceptions. — Alaska has a Governor and 
a District Court, but uo Legislature. 



212 FAOTfcj IN OIVIL GOVERNMENT 

(2) Congress provides that the laws of Ore- 
gon, when not conflicting with those of the 
United States, shall be the laws of Alaska. 

17. Indian Territory is governed by the In- 
dians. 

(2) It has no Legislature. 

(3) Each tribe makes and executes its own 
laws. 

(4) (Mines committed against white per- 
sons are punished in the United States courts 
in adjoining States. 

18. The District of Columbia is governed di- 
rectly by Congress. 

(2) Three Commissioners appointed by the 
President and confirmed by the Senate, ad- 
minister its affairs. 

(3) Unlike the Territories, it can never be- 
come a State. 

(4) It has no Delegates in Congress, and its 
citizens do not vote. 

(5) The Supreme Court of the District of 
Columbia, consists of one Chief Justice at a 
salary of $1,500 per year, and five Associ- 
ate Justices at a salary of $4,000 each per 
year, all of whom are appointed by the Pres- 
ident with the consent of the Senate. 

(6) These Judges hold office during good 
behavior. 

(7) The Court has general appellate and 
original jurisdiction within the District, and 
an appeal lies to the United States Supreme 
Court. 

19. A territorial government is temporary; 
the object being to prepare the Territory for 



FACTS IN CIVIL, GOVERNMENT 213 

admission into the Union as a State. 
798. Territorial Growth of the United States. 

— Original. — 1783. The Thirteen Original 
States and the Northwest Territory. By- 
treaty with Great Britain. Boundaries : 
East, Atlantic Ocean: South, the north- 
ern line of Florida to the Mississippi Riv- 
er; West, the Mississippi River ^ North, the 
Great Lakes. 

(2) Total area, 830,000 square miles. 

2. Louisiana Purchase. — 1803. By purchase 
from France for $15,000,000; over 1,000,000 
square miles. 

(2) It extended from the Gnlf of Mexico to 
Canada, and from the Mississippi River to the 
Rocky Mountains ' on the west, being the 
width of the present State of Louisiana on the 
South. 

3. Florida. — 1819. By purchase from Spain, 
for $15,000,000. 

4. Texas. — 1845. By annexation, upon con- 
dition that it should be divided into five sep- 
arate States whenever the people of the State 
desired it to be done. 

5. Oregon Country. — 1846. By discovery, 
exploration and treaty. 

(2) Boundaries: North, Canada; East, the 
Rocky Mountains; South, the northern line of 
California to the Rocky Mountains; West, the 
Pacific Ocean. 

6. First Mexican Cession. — 1848. By con- 
quest from Mexico, the United States paying 
Mexico $15,000,000, and assuming $3,000,000 
that Mexico owed citizens of the United States. 



214 FACTS IN CIVIL GOVERNMENT 

(2) It extended from the "Oregon Country" 
to the Gila River, and from the Rocky Mount- 
ains to the Pacific Ocean. 

7. Gadsden Purchase, or Second Mexican 
Cession. — 1853. By purchase from Mexico for 
$10,000,000. 

(2) The territory lying between the Gila 
River and the present boundary between the 
United States and Mexico. 

8. Alaska. — 1867. By purchase from Russia 
for $7,200,000. 

9. Hawaii. — 1898. By annexation. 

10. Porto Rico, the Philippine and other 
Islands. — 1898. By conquest from Spain. 

79B. Testate. — One who leaves a legally ex- 
ecuted will at death. 

800. Testator. — A man who leaves a will at 
death. 

801. Testatrix. — A woman who leaves a will 
at death. 

802. Teste.— (a) A witness. 

(/)) The witnessing clause at the close of any 
document. 

808. Third Parties.— Applied to all other 
parties except the two leading (Democratic 
and Republican) parties. 

804. Theft.— Larceny (463). 

805. Tlieftbote.— The receiving by the own- 
er, goods stolen from him, or compensation 
for the same, on his agreement not to prose- 
cute the thief. 

' 806. Threes Fifths Rule.— A compromise ef- 
fected in the Constitutional Convention of 1787 
(217,2,5) whereby Representatives in Congress 



FACTS IN CIVIL, GOVERNMENT 215 

and direct taxes were apportioned among' 
the several States according to population, 
which was to be determined by adding to the 
whole number of free persons, (excepting In- 
dians not taxed) three-fifths of all other per- 
sons (slaves); that is, all of the white and 
three-fifths of the slaves were to be counted, 
or, five slaves were to be counted as three 
persons (862,3). 

2. Slavery having been abolished, this rule 
is now void. 

3. Under the Articles of Confederation, 
each State had one vote in Congress, and 
was taxed according to its value in real es- 
tate. 

807. Tie Tote. — An equal number of votes 
cast for each candidate, or for and against a 
given proposition. 

808. Title. — An appellation of honor, distinc- 
tion or dignity conferred upon, or inherited 
by, persons. 

2. Neither Congress nor the States can con- 
fer titles of honor and distinction. 

3. In Great Britain, the grade of titles is as 
follows, beginning with the highest: Prince, 
Duke, Marquis, Earle, Viscount, Baron, 
Baronet, and Knight. 

809. Token Money. — Any money that legally 
passes for more than its real value; as a cent 
piece, the metal in which is not worth its face 
value; or paper money. 

810. Tonnage. — {a) The carrying capacity 
of a vessel in tons. 

{h\ A duty or tax on vessels in proportion 



216 FACTS IN CIVIL, GOVEKJtfMENT 

to their carrying capacity in tons. 

2. Congress alone can levy tonnage duties. 

3. The first Congress levied tonnage duties, 
which were modified from time to time, un- 
til now we have no such duties. 

811. Tonnage Duties.— Taxes levied on ships 
according to the number of tons freight they 
can carry. 

3. States can not levy tonnage duties with- 
out the consent of Congress. Such consent 
has never been given to the States. 

812. Trade Dollar. — A Silver dollar contain- 
ing 420 grains, coined in 1873, for commercial 
use in Asia. 

2. Though containing more silver than a 
standard silver dollar, it continued to be a 
legal tender here only until 1876. 

3. In 1887. Congess authorized standard sil- 
ver dollars to be given in exchange for them. 

813. Trade Mark. — A trade mark is a spe- 
cial device or mark adopted by a manufact- 
urer or dealer to distinguish his goods. 

2. Trade marks are registered in the Patent 
Office, from which, circulars of information 
can be obtained, on request, at any time. 

3. A trade mark is granted for 30 years, and 
is renewable for another 30 years, on applica- 
tion within six months prior to the expira- 
tion of the original term. 

4. In order to secure protection, the words 
"Trade Mark" .must be placed in close prox- 
imity to the original device. 

5. The fee for a trade mark or a renewal is 
$25. 



FACTS IN CIVIL GOVERNMENT 217 

6. Prior to 1879, trade marks were patent- 
ed; but the Supreme Court then decided that 
they were not patentable. 

814. Traitor. — One who betrays his country; 
one who commits treason. One who by any 
means seeks the downfall of his country. 

2. Traitors are punished by death. 

815. Treason. — (a) Levying war against 
the United States, or (/>) adhering- to their en- 
emies, giving' aid and comfort to them. 

2. No person shall be convicted of treason 
unless on the testimony of two witnesses to 
trie same overt act, or on confession in open 
court. 

3. To constitute treason, war must be actu- 
ally levied. Simply a conspiracy to overthrow 
the government, is not treason. 

4. Congress names the punishment, which is 
death, or imprisonment for not less than five 
years and a fine of not less than $10,000, at 
the discretion of the court. 

5. Xo attainder of treason shall work cor- 
ruption of blood (233), or forfeiture, except 
during the life of the person attained; that is, 
no innocent relative shall suffer in any way 
for the treasonable act of another. 

6. There can be no treason against a par- 
ticular State, because it is not a sovereign 
power. 

7. The United States Supreme Court tries 
cases of treason. 

816. Treasury Notes.— Notes issued and cir- 
culated by the government, which are mere 
promises of the government to pay — mere ev- 



218 FA( 1 TS IN CIVIL GOVERNMENT 

idences of debt due by the government to the 
holders of the notes. 

2. Some are legal tender and some are not. 
Greenbacks are legal tender treasury notes. 

817. Treaty. — A compact or agreement be- 
tween two or more nations, in regard to com- 
merce, peace, boundaries, mutual protection, 
or any other matter. 

2. The President alone, with the concurrence 
of the Senate (872,2), has power to make 
treaties. 

3. In negotiating the terms of a treaty, the 
President acts through the Secretary of State, 
a foreign minister, or commissioners appoint- 
ed for the special purpose. 

4. When the terms are agreed upon, the 
treaty is signed by the representatives of the 
nations concerned, and then submitted to 
their respective governments for ratification. 

5. Until ratified as above, no treaty is bind- 
ing. 

6. It requires a two-thirds vote of the Sen- 
ate (the members present) to ratify a treaty. 

7. When properly ratified by all the governs 
ments interested, the President, by proclama- 
tion, makes the treaty public. 

8. The Constitution prohibits States from 
m aking treaties . 

818. Trial. — The formal judicial examina- 
tion into a case in a regular court of justice 
to determine the questions or charges in issue. 

2. Criminal trials are held in the States 
where the crimes are committed. 

3, A crime committed on the high seas is 



FACTS IN rivrL GOVERNMENT 21H 

tried in the State where the vessel on which 
it is committed first lands. 

4. Civil cases are tried in the proper courts 
of the States where they originate (705). 

819. Tribute.— A valuable consideration, or 
an annual or stated sum of money paid by 
one country or ruler to another as an ac- 
knowledgment of submission, or to purchase 
peace or protection. 

820. Truce. — A temporary suspension of 
hostilities, by agreement, for negotiating 
terms of peace, etc. 

2. A llag of truce is a white flag displayed 
by one of the contending parties, during 
the living of which, all hostilities cease. 

821. Trustee. — One intrusted with property 
for the use of another. 

822. Tweed Ring.— 1860-1871. A political 
ring composed of Win. M. Tweed. A. O. Hall, 
1*. 13. Sweeney, and R, B. Connolly. 

2. The ring ruled New York City by corrup- 
tion, fraud and bribery, stealing millions of 
dollars, and increasing the city debt 
$81,000,000. 

8. The ring was broken up by the efforts of 
Samuel J. Tilden. 

4. Tweed died in prison under a sentence of 
twelve years. The other three members left 
the country. 

823. Ultimatum. — The final decision of a 
government on a given subject; the best 
terms or the final proposition it will offer an- 
other government in a diplomatic negotia- 
tion. 

lr> 



220 FACTS IN CIVIL GOVERNMENT 

824. Uncle Sam.— A nickname for the United 
States government. 

2. The name originated thus: Samuel Wil- 
son, an inspector of provisions at Troy, New 
York, in the War of 1812, was familiarly 
known among his friends as "Uncle Sam." 
One day, goods were received for a govern- 
ment contractor named Elbert Anderson, 
which were marked "E. A., U. S." One of 
the men mistook these initials to mean "El- 
bert Anderson and Uncle Sam." 

825. Unconstitutional Laws.— Laws that con- 
flict with the requirements of a constitution. 

2. A national law or a State law is always 
valid until declared unconstitutional by the 
United States Supreme Court or the State Su- 
reme Court, respectively. 

3. The United States Supreme Court has 
pronounced but four laws unconstitutional, 
as follows: 

(a) In 1801, an Act of 1789 that gave the 
Supreme Court original jurisdiction not war- 
ranted by the Constitution. 

(/;) In 1857, section eight of the Missouri 
Compromise, prohibiting slavery north of 36° 
30'— The Dred Scott Decision. 

(c) In 1867, that part of the Test Oath of 
1862 and 1865 that applied to attorneys prac- 
ticing in United States Courts prior to the 
Civil War — a bill of attainder and ex post fac- 
to law. 

(O In 1894, the Income Tax of 1804, on the 
ground that it was a direct tax and could be 
levied by Congress only by apportioning it 



FACTS L\ (JIVIIv GOVERNMENT 221 

among the States according to population. 
The judges stood five to four. 

4. The court in no case passes upon the con- 
stitutionality of a law unless it* be required 
to do so in a case. 

826. Union. — The 45 United States of Ameri- 
ca inseparably banded together in one gov- 
ernment. 

2. Territories belong to, but are not in, the 
Union. 

827. Union Party.— The party that opposed 
Secession in the Civil War. 

828. Unit Rule.— A rule requiring a body to 
vote as a unit; as States formerly voted in 
National Conventions, and in Congress under 
the Articles of Confederation. 

829. Universal Postal Union.— A union of 
most of the civilized countries of the world, 
providing for a uniform rate of postage on 
mail matter carried from one country of the 
Union to another. 

2. Within the Union, the postage on letters 
is 5 cents per half ounce, and postal cards are 
two cents each. Other mail matter is carried 
at uniform rates. 

3. The Union was organized in 1874; its cen- 
tral office is located in Switzerland, and is un- 
der the control of that government. 

4. The expenses of the Union are paid by 
contributions from the nations belonging to 
it. 

5. The United States belongs to the Union. 

830. Unlawful Oath.— An oath binding one 
to do some unlawful thing: as to commit 



2t2 PACTS IN CIVIL. GOVERNMENT 

murder, treason, etc,; generally taken by 
members of illegal societies, as the "KmKlux 
Klan." 

831. Usury. — A higher rate of interest on 
money than is allowed by law. 

832. Venire. — A judicial writ directing' a 
sheriff to cause a certain number of qualified 
citizens to appear in court at a certain time to 
serve on the jury. 

833. Yenue. — The county or place where a 
crime is committed and in which the offense 
must, legally, be tried, 

2. A change of venue is an order of a court 
directing- the trial of a criminal to be held in 
a different county from that in which the 
crime was committed. 

3. A change of venue is allowed when a 
criminal is not likely to get a fair trial in his 
own county. 

834. Verdict. — The unanimous decision of a 
jury in a civil or criminal cause legally tried 
before them. 

2. A court may on various grounds set aside 
a verdict and grant a new trial, except in the 
case of one regularly acquitted of a charge of 
crime. Such a person cannot be placed in 
jeopardy a second time (437). 

835. Veto (I forbid).— The power of a chief 
executive to prevent the enactment of meas- 
ures passed by a legislative body. 

2. If the President vetoes a bill, he must 
return it to the house in which it originated, 
with his written objections, which are entered 
on the journal of that house. 



FACTS IN CIVIL. (GOVERNMENT -Zj 

3. To become a law. a vetoed bill must pa,ss 
both houses by a two-thirds yea and nay 
vote (859) of all the members of each house. 

4. In all the States except Ohio, Dele ware, 
North-Carolina and Rhode Island, the Gov* 
ernor possesses the veto power. 

5. In thirteen States, the Governor can veto 
some items in an appropriation bill, and 
approve others. 

(>. In the States, from a mere majority vote, 
as in West Virginia, to a three-fifths vote, is re- 
quired to pass a bill over the Governor's veto. 

7. In England, the executive has a veto 
power, but now never exercises it. 

8. In the States, a vetoed bill is returned to 
the house that originates it, except in Kansas, 
where it must always be returned to the 
lower house. 

836. Vice-President. — The person elected to 
fill the office of President in case a vacancy 
occurs in that office, or in case the Electors 
fail to elect a President and then the House 
of Representatives fail to elect one before the 
fourth of March. 

2. His term of office is four years. 

3. His salary is $8,000 per year. 

4. He is ex officio (329) President of the 
Senate, but has no vote except in case of tie. 

5. He cannot preside over the Senate when 
the President is impeached (404,6). 

6. He is elected by the Electors like the Pres- 
ident (302,9). 

7. The qualifications for Vice-President are 
the same as for President (636,7'), 



224 FACTS tN CIVIL IrOVKKNMKNT 

8. There is no provision for filling a vacancy 
in the office of Vice-President, 

9. If the Electors fail to elect a ^ice-Pres- 
ident, then the Senate proceeds at once to 
elect one from the two candidates having- the 
two highest numbers of votes ( 896,2 ) % 

10. Two-thirds of the whole number of Sen- 
ators constitute a quorum to elect a Vice- 
President, and a majority of the whole num- 
ber is necessary to a choice, 

11. In the election of 1836, Richard M. John- 
son was elected Vice-President by the Senate, 
to serve with Martin Van Burem Johnson 
was the only Vice-President elected by the 
Senate. 

12. Originally, there were no candidates for 
Vice-President; but all were endidates for 
President, and the two that received the 
highest and next highest numbers of votes, 
were President and Vice-President respect- 
ively. 

13. The Vice-President is inaugurated im- 
mediately before the President. 

887. Viva Voce Tote.— Any oral vote; a vote 
in which all favoring a measure answer to- 
gether, Aye or Yes, and all opposing it an- 
swer Nay or No, the presiding officer deciding 
the vote by his ear, 

888. Volunteer. — One who voluntarily 
becomes a member of the organized militia 
(514,3), as distinguished from a regular (682) 
or a soldier of the standing army (44,2). 

889. Vote.— Expression of choice or prefer- 
ence. 



FACTS IN CIVIL GOVERNMENT 2£5 

Majority Vote, (491); Minority Vote, (521); 
Casting Vote, (132); Tea #jk/ A7i.y Fo^e, (859); 
Fo£e Z?,v Acclamation, (4); Cumulative Vote, 
(251). 

84-0. Yoter. — An elector (301); a suffragist; 
one who has a legal right to vote. 

2. The qualifications for voting are left en- 
tirely to the individual States. They can re- 
strict suffrage in any way they please. 

Proviso, (898,2). 

811. Wager. — A bet. The staking of money 
or property between two parties on the 
chance of something happening or not hap- 
pening. 

2. Money on bets cannot be recovered by 
law. 

842. War. — An armed conflict between na- 
tions. 

2. The power to declare war is vested in 
Congress. 

3. A State cannot engage in war without 
the consent of Congress unless (a) actually 
invaded, or (b) in such imminent danger as 
will not admit of delay. 

4. Congress did not declare war in 1861, but 
passed "An act to authorize the employment 
of volunteers to aid in enforcing the laws and 
protecting public property." 

5. An offensive war is one first begun by a 
nation against another nation. 

(>. A defensive war is one instituted by a na- 
tion in its defense against another nation that 
has already begun war against it. 

843* Ward. — One of the smaller divisions in 



22(i FACTS IX CIVIL GOVERNMENT 

to which a city or town is divided for conven- 
ience of local government. 

844. War Governors.— The State Governors 
during' the Civil War, who so promptly re- 
sponded to President Lincoln's call for sol- 
diers. 

845. Warrant. — A document issued by a mag- 
istrate or justice, commanding an officer to 
make an arrest, to seize certain property, or 
to search certain premises. 

2. It is issued upon the sworn complaint of 
some interested person, and sets forth the 
nature of the crime complained of. 

846. Warranty. — The express or implied 
agreement of a person to he held responsible 
if a certain fact relating to the subject of a 
contract is not, or shall not be. exactly as 
represented by him. 

847. Weather Bureau or Meteorological Bu- 
reau. — A division of the signal service (730) 
that forecasts probable changes of the weath- 
er for twenty-four hours in advance and noti- 
fies the people through the newspapers, post 
offices and signal stations. 

2. Observations are taken three times a day 
at nearly five hundred signal stations dis- 
tributed throughout the country, and tel- 
egraphed as nearly the same time as possible 
to the central offliee at Washington, where 
the forecasts are made. 

3. About 88 per cent, of the predictions made 
twenty-four hours in adA'ance, are correct. 

4. This bureau was transferred in 1891. to the 
Department of Agriculture, 



FACTS IN CIVIL GOVERNMENT 22 i 

848. Weights and Measures. — Congress has 
power to fix the standard of weights and 
measures, but has never done so. 

2. But it has adopted the English standard 
for use in the customhouses, and has furnish- 
ed exact copies of these to the States, all of 
which have adopted them. 

849. White House or Executive Mansion. — 
The house in which the President lives during 
his term of office. 

2. It is the first public building erected in 
Washington. 

3. It is built of white marble; hence itsi\ame. 

4. It is situated about a mile from the Na- 
tional Capitol. 

5. Here the President has his office and 
transacts all his official duties. 

850. White League or Invisible Empire.— The 
Ku-KluxKlan (461). 

851. Wild Cat Money. — Unsound money is- 
sued by banks and not redeemed. 

852. Will or Testament.— A written instru- 
ment in which the writer declares his will 
concerning the disposal of his property after 
his death. 

2. A will must be signed by two or more 
witnesses, in whose presence the testator 
(800) must sign or acknowledge it. 

3. In some States, as in West Virginia, a 
holographic will (391) does not require wit- 
nesses. 

4. A will may be revoked — 

(1) By destroying it, 

(2) By disposing of the property willed, or 



228 FACTS IN CIVIL GOVERNMENT 

(3) By executing- another will in which the 
former is expressly revoked. 

5. There is no set form of words in which a 
will must be written. 

6. To be valid, a will must be made by one 
of sound mind and disposing memory. 

7. A will must always be written, except in 
a few States, where personal property to cer- 
tain amounts may be willed orally, and ex- 
cept in the case of soldiers and sailors in act- 
ive service, who may always dispose of per- 
sonal property, but not of real estate, orally 
or by nuncupative will (561). 

8. A person devises real estate, and be- 
queaths personal property. 

853. Wire Pulling. — Artful activity exercised 
by politicians to secure votes for a candidate 
or for a measure. 

854. Without Recourse. — A phrase added to 
the indorsement on a note, etc., releasing the 
indorser from all liability to subsequent hold- 
ers. 

855. Witness. — (a) One who gives evidence 
in a case before a court. 

(b) One who signs any written instrument 
for the purpose of confirming its authenticity. 
2. A privileged witness is one who is not 
compelled to testify in regard to certain offi- 
cial and professional matters; as State officers, 
lawyers, physicians and ministers, who are 
not obliged to divulge official and profession- 
al secrets. 

856. Woman Suffrage.— The right of wom- 
en to vote. 



229 FACTS LN CIVIL GOVERNMENT 

2. Women can vote on various local ques- 
tions in 24 States. 

3. In Wyoming, Colorado and Utah, wom- 
en have equal suffrage with men. They can. 
hold office and vote for all officers from Presi- 
dential Electors down. 

857. Writ. — A written instrument under 
seal, issued by a court, commanding the per- 
formance or the nonperformance of a speci- 
fied act by the person to whom it is directed. 

858. Writs of Assistance. — Search warrants 
authorizing English officers to enter stores 
and private dwellings to search for foreign 
merchandise on which duty had not been 
paid, and to compel the sheriff to aid them 
in their work. 

859. Yea and Nay Vote. — A vote taken by 
calling the roll, each member voting as his 
name is called, the object being to make an 
official record of how each member votes. 

2. One-fifth of the members present can de- 
mand the yaes and nays in Congress (865,3). 




THE 

CONSTITUTION 



UNITED STATES OF AMERICA 



{Entitled by the States 1 787-1 790.] 



Preamble. 



[860] We, the people of the United States, in 
order to (1) form a more perfect union, (2) 
establish justice, (3) insure domestic tran- 
quillity, (4) provide for the common defense, 
(5) promote the general welfare, and (6) se- 
cure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I.— Legislative Department. 
' [861] Section 1. — Congress in General. 

All legislative powers herein granted shall 
be vested in a Congress of the United States, 
which shall consist of a Senate and a House of 
Representatives. 

[862] Section 2. — House of Representatives. 

I. Election. — The House of Representatives 
shall be composed of members chosen every 
second year by the people of the several 
States; and the electors in each State shall 
have the qualifications requisite for electors 



1-1-4] UNITED STATES CONSTITUTION 231 

of the most numerous branch of the State 
Legislature. 

2. Qnali fie nt ions. —No person shall be a Rep- 
resentative who shall not (1) have attained 
to the age of twenty-five years, and (2) been 
seven years a citizen of the United States, and 
who shall not (3) when elected, be an inhabit- 
ant of that State in which he shall be chosen. 

-*>. Apportionment. — Representatives and di- 
rect taxes shall be apportioned among the 
several States which may be included within 
this Union, according to their respective 
numbers, which shall be determined by adding 
to the whole number of free persons, including 
those bound to service for a term of years, 
and excluding Indians not taxed, three-fifths 
of all other persons. The actual enumeration 
shall be made within three years after the 
first meeting of the Congress of the United 
States, and within every subsequent term of 
ten years, in such manner as they shall by law 
direct. The number of Representatives shall 
not exceed one for every thirty thousand, but 
each State shall have at least one Representa- 
tive; and until such enumeration shall be 
made, the State of New Hampshire shall be 
entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, 
Connecticut five, New York six, New Jersey 
four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina 
five, South Carolina five, and Georgia three. 

4. Vacancies. — When vacancies happen in 
the representation from any State, the execu- 



232 FACTS IN CIVIL. GOVERNMENT 

tive authority thereof shall issue writs of 
election to fill such vacancies. 

0. Officers. — The House of Representatives 
shall choose their Speaker and other officers, 
and shall have the sole power of impeach- 
ment. 

[868] Section 3.— Senate. 

1. Election. — The Senate of the United 
States shall be composed of two Senators 
from each State, chosen by the Legislature 
thereof for six years, and each Senator shall 
have one vote. 

2. Classes, etc. — Immediately after they shall 
be assembled in consequence of the first 
election, they shall be divided, as equally as 
may be, into three classes. The seats of the 
Senators of the first class shall be vacated at 
the expiration of the second year; of the sec- 
ond class, at the expiration of the fourth year; 
and of the third class, at the expiration of the 
sixth year, so that one-third may be chosen 
every second year; and if vacancies happen by 
resignation or otherwise during the recess of 
the Legislature of any State, the executive 
thereof may make temporary appointments 
until the next meeting of the Legislature, 
which shall then fill such vacancies. 

3. Qualifications. — No person shall be a Sen- 
ator who shall not have (1) attained the age 
of thirty years, and (2) been nine years a cit- 
izen of the United States, and who shall not 
(3), when elected, bean inhabitant of. that 
State from which he shall be chosen. 

4. Presiding Officer. — The Vice-President of 



1-4-2*] UNITED STATES CONSTITUTION 238 

the United States shall be President of the 
Senate, but shall have no vote, unless they be 
equally divided. 

». President pro tempore. — The Senate shall 
choose their other officers, and also a Presi- 
dent pro tempore in the absence of the Vice- 
President, or when he shall exercise the office 
of President of the United States. 

6. Impeachments. — The Senate shall have the 
sole power to try all impeachments. When 
sitting* for that purpose, they shall be on 
oath or affirmation. When the President of 
the United States is tried, the Chief Justice 
shall preside; and no person shall be convict- 
ed without the concurrence of two-thirds of 
the members present. 

7. Judgment. — Judgment in cases of im- 
peachment shall not extend further than to 
removal from office, and disqualification to 
hold and enjoy any office of honor, trust or 
profit under the United States; but the party 
convicted shall, nevertheless, be liable and 
subject to indictment, trial, judgment, and 
punishment, according to law. 

[864] section 4. — Both Houses. 

1. Election. — The times, places, and manner 
of holding elections for Senators and Repre- 
sentatives shall be prescribed in each State by 
the Legislature thereof; but the Congress may 
at any time, by law, make or alter such 
regulations, except as to the place of choosing 
Senators. 

2. Meetings. — The Congress shall assemble 
at least once in every year, and such meeting 



234 FACTS L\ CIVIL GOVERNMENT 

shall be on the first Monday in December, 
unless they shall by law appoint a different 
day. 

[860] Section 5. — Houses Separately. 

1. Quorum. — Each house shall be the judge 
of the elections, returns, and qualifications of 
its own members, and a majority of each 
shall constitute a quorum to do business; but 
a smaller number may adjourn from day to 
day. and may be authorized to compel the 
attendance of absent members, in such man- 
ner and under such penalties as each house 
may provide. 

2. Rules. — Each house may determine- the 
rules of its proceedings, punish its members 
for disorderly behavior, and, Aviththe concur- 
rence of two-thirds, expel a member. 

S. Journal. — Each house shall keep a journal 
of its proceedings, and from time to time 
publish the same, excepting such parts as may 
in their judgment require secrecy; and the yeas 
and nays of the members of either house, on 
any question, shall, at the desire of one-fifth 
of those present, be entered on the journal. 

4. Adjournment. — Neither house during the 
session of Congress shall, without the consent 
of the other, adjourn for more than three days, 
nor to any other place than that in which 
the two houses shall be sitting. 
[866] Section 6. — Members as Individuals. 

1. Pay and Privileges. — The Senators and 
Representatives shall receive a compensation 
for their services, to be ascertained bv 



1-7-2] UNITED STATES CONSTITUTION 235 

law, and paid out of the treasury of the Unit- 
ed States. They shall in all cases except 
treason, felony, and breach of the peace, be 
privileged from arrest during* their attend- 
ance at the session of their respective houses, 
and in going to and returning from the same; 
and for any speech or debate in either house 
they shall not be questioned in any other 
place. 

2. Prohibitions.— No Senator or Represent- 
ative shall, during the time for which he was 
elected, be appointed to any civil office under 
the authority of the United States, which 
shall have been created, or the emoluments 
whereof shall have been increased, during 
such time; and no person holding any office 
under the United States shall be a member of 
either house during his continuance in office. 

[867] Section 7.— Revenue; The Veto. 

1. Revenue Bills. — All bills for raising reve- 
nue shall originate in the House of Represent- 
atives; but the Senate may propose or concur 
with amendments as on other bills. 

2. The Veto. — Every bill which shall have 
passed the House of Representatives and the 
Senate, shall, before it becomes a law, be pre- 
sented to the President of the United States; 
if he approve, he shall sign it; but if not, he 
shall return it, with his objections, to that 
house in which it shall have originated; who 
shall enter the objections at large on their 
journal, and proceed to reconsider it. If, aft- 
er such reconsideration, two-thirds of that 
house shall agree to pass the bill, it shall be 

16 



2%l) FACTS IN CIVIL GOVERNMENT 

sent, together with the objections, to the 
other house, by which it shall likewise be re- 
considered; and, if approved by two-thirds of 
that house, it shall become a law. But in all 
cases, the votes of both houses shall be de- 
termined by yeas and nays, and the names of 
the persons voting for and against the bill 
shall be entered on the journal of each house 
respectively. If any bill shall not be returned 
by the President within ten days (Sundays ex- 
cepted) after it shall have been presented to 
him, the same shall be a law in like manner 
as if he had signed it, unless the Congress, by 
their adjournment, prevent its return, in 
which case it shall not be a law. 

3. Every order, resolution or vote, to which 
the concurrence of the Senate and the House 
of Representatives may be necessary (except 
on a question of adjournment), shall be pre- 
sented to the President of the United States; 
and, before the same shall take effect, shall be 
approved by him; or, being disapproved by 
him, shall be repassed by two-thirds of the 
Senate and House of Representatives, accord- 
ing to the rules and limitations prescribed in 
the case of a bill. 

[868] Section 8.— Legislative Powers. 

The Congress shall have power: 

1. To lay and collect taxes, duties, imposts, 
and excises; to pay the debts and provide for 
the common defense and general welfare of 
the United States; but all duties, imposts and 
excises shall be uniform throughout the Unit- 
ed States. 



1-8-15] UNITED STATES CONSTITUTION 237 

2. To borrow money on the credit of the 
United States. 

8. To regulate commerce with foreign na- 
tions, and among the several States, and with 
the Indian tribes. 

4. To establish a uniform rule of naturali- 
zation, and uniform laws on the subject of 
bankruptcies throughout the United States. 

5. To coin money, regulate the value there- 
of, and of foreign coin, and fix the standard 
of weights and measures. 

6. To provide for the punishment of counter- 
feiting the securities and current coin of the 
United States. 

7. To establish postoffices and postroads. 

8. To promote the progress of science and 
useful arts, by securing for limited times, to 
authors and inventors the exclusive right to 
their respective writings and discoveries. 

9. To constitute tribunals inferior to the 
Supreme Court. 

10. To define and punish piracies and 
felonies committed on the high seas, and 
offenses against the law of nations. 

11. To declare war, grant letters of marque 
and reprisal, and make rules concerning cap- 
tures on land and water. 

12. To raise and support armies; but no ap- 
propriation of money to that use shall be for 
a longer term than two years. 

IS. To provide and maintain a navy. 
14. To make rules for the government and 
regulation of the land and naval forces. 
lo. To provide for calling forth the militia 



238 FACTS IN CIVIL GOVEKNMENT 

to execute the laws of the Union, suppress in- 
surrections, and repel invasions. 

16. To provide for organizing, arming and 
disciplining the militia, and for governing 
such part of them as may be employed in the 
service of the United States; reserving to the 
States respectively the appointment of the of- 
ficers and the authority of training the militia 
according to the discipline prescribed by Con- 
gress. 

17. To exercise exclusive legislation in all 
cases whatsoever, over such district (not ex- 
ceeding ten miles square) as may, by cession 
of particular States, and the acceptance of 
Congress, become the seat of government of 
the United States, and to exercise like author- 
ity over all places purchased, by the con- 
sent of the Legislature of the State in which 
the same shall be, for the erection of forts, 
magazines, arsenals, dock-yards, and other 
needful buildings; and 

18. To make all laws which shall be neces- 
sary and proper for carrying into execution 
the foregoing powers, and all other powers 
vested by this Constitution in the government 
of the United States, or in any department or 
office thereof. 

[869] Section 9.— Powers Denied the States. 

L The migration or importation of such 
persons as any of the States now existing' 
shall think proper to admit, shall not be pro- 
hibited by the Congress prior to the year one 
thousand eight hundred and eight; but a tax 
or duty may be imposed on such importation 



1-10-7] UNITED STATES CONSTITUTION 239 

not exceeding ten dollars for each person. 

2. Th£ privilege of the writ of habeas corpus 
shall not be suspended unless when, in case 
of rebellion or invasion, the public safety may 
require it. 

S. No bill of attainder, or ex-post- faMo law, 
shall be passed. 

4. No capitation or other direct tax shall be 
laid, unless in proportion to the census or 
enumeration herein before directed to be tak- 
en. 

5. No tax or duty shall be laid on articles ex- 
ported from any State. 

6. No preference shall be given by any regu- 
lation of commerce or revenue to the ports of 
one State over those of another; nor shall 
vessels bound to or from one State be obliged 
to enter, clear, or pay duties in another. 

7. No money shall be drawn from the treas- 
ury but in consequence of appropriations 
made by law; and a regular statement and 
account of the receipts and expenditures of all 
public money shall be published from time to 
time. 

8. No title of nobility shall be granted by 
the United States; and no person holding any 
office of profit or trust under them shall, with- 
out the consent of the Congress, accept of any 
present, emolument, office, or title of any kind 
whatever, from any king, prince, or foreign 
state. 

[870] Section 10. — Prohibitions Upon the 

States. 
1. Absolute.— 'No state shall (1) enter into 



240 FACTS IN CIVIL GOVERNMENT 

any treaty, alliance or confederation: (2) grant 
letters of marque and reprisal; (3) coin, money: 
(4) emit bills of credit: (5) make any thing- but 
gold and silver coin a tender in payment of 
debts; (6) pass any bill of attainder, ex post 
facto law, or law impairing the obligation of 
contracts; or (7) grant any title of nobility. 

2. Consent of Congress. — No State shall, 
without consent of Congress, (1) lay any 
imposts or duties on imports or exports, 
except what may be absolutely necessary for 
executing its inspection laws; and the net 
produce of all duties and imports laid by any 
State on imports or exports shall be for the 
use of the treasury of the United States, and 
all such laws shall be subject to the revision 
and control of the Congress. No State shall, 
without the consent of the Congress, ( 2 ) lay 
any duty of tonnage, (3) keep troops or ships 
of war in time of peace, (4) enter into any 
agreement or compact with another State 
or with a foreign power, or (5) engage in war 
unless actually invaded, or in such imminent 
danger as will not admit of delay. 

ARTICLE II. — Executive department. 

[871] Section l.—The President and Vice- 
President. 

1. Term of Office. — The executive power 
shall be vested in a President of the United 
States of America. He shall hold his office 
during the term of four years; and together 
with the Vice-President chosen for the same 
term, be elected as follows: 

2. Election, — Each State shall appoint, in 



II-1-6'] UNITED STATES CONSTITUTION 241 

such manner as the Legislature thereof may 
direct, a number of electors equal to the whole 
number of Senators and Representatives to 
which the State may be entitled in the Con- 
gress; but no Senator or Representative, or 
person holding an office of trust or profit un- 
der the United States, shall be appointed an 
elector. 

8. [This clause provided that the person re- 
ceiving the highest number of electoral votes 
should he President, and the person receiving 
the next highest Vice-President, etc. In IS04, 
it was annulled and superseded by the Xllth 
Amendment (896).] 

4. Time of Election .—The Congress may de- 
termine the time of choosing the electors, and 
the day on which they shall give their votes, 
which day shall be the same throughout the 
United States. 

o. Qualifications. — No person except (1) a 
natural born citizen, or a citizen of the United 
States at the time of the adoption of this Con- 
stitution, shall be eligible to the office of Pres- 
ident; neither shall any person be eligible to 
that office who shall not have (2) attained to 
the age of thirty-five years, and (3) been four- 
teen years a resident within the United States. 

6. Vacancies; How Filled. — In case of the re- 
moval of the President from office, or of his 
death, resignation, or inability to discharge 
the powers and duties of the said office, the 
same shall devolve on the Vice-President; and 
the Congress may, by law, provide for the 
case of removal, death, resignation, or inabil- 



242 FACTS IN CIVIL GOVERNMENT 

ity, both of the President and Vice-President 
declaring what officer shall then act as Presi- 
dent; and such officer shall act accordingly, 
until the disability be removed or a President 
shall be elected. 

7. Salary.— The President shall, at stated 
times, receive for his services a compensation, 
which shall neither be increased nor diminished 
during the .period for which he shall have been 
elected, and he shall not receive within that 
period any other emolument from the United 
States, or any of them. 

8. Oath of Office. — Before he enter on the 
execution of his office, he shall take the fol- 
lowing oath or affirmation: — 

k 'I do solemnly swear (or affirm) that I will 
faithfully execute the office of President of the 
United States, and will, to the best of my 
ability, preserve, protect, and defend the Con- 
stitution of the United States." 

[872] Section 2. — Powers of the President. 

1. Commander-in-Chief, etc. — The President 
shall be Commander-in-Chief of the army and 
navy of the United States, and of the militia 
of the several States, when called into the act- 
ual service of the United States. He may re- 
quire the opinion, in writing, of tue principal 
officer in each of the executive departments, 
upon any subject relating to the duties of 
their respective offices; and he shall have pow- 
er to grant reprieves and pardons for offenses 
against the United States, except in cases of 
impeachment. 

2. Trea ties a ud Now iua tions. — He shall have 



IT-3-7] UNITED STATES CONSTITUTION 243 

power, by and with the advice and consent of 
the Senate, to mak3 treaties, provided two- 
thirds of the Senators present concur; and he 
shall nominate, and by and with the advice 
and consent of the Senate shall appoint am- 
bassadors, other public ministers and consuls, 
judges of the Supreme Court, and all other of- 
ficeivs of the United States whose appoint- 
ments are not herein otherwise provided for, 
and which shall be established by law. But 
the Congress may, by law, vest the appoint- 
ment of such inferior officers as they may 
think proper, in the President alone, in the 
courts of law, or in the heads of departments. 
8. Vacancies. — The President shall have 
power to fill up all vacancies that may hap- 
pen during the recess of the Senate, by grant- 
ing commissions which shall expire at the end 
of their next session. 

[873] Section 3.— Duties of the President. 

1. He shall, from time to time, give to the 
Congress information of the state of the Un- 
ion, and recommend to their consideration 
such measures as he shall judge necessary and 
expedient. He may, on extraordinary occa- 
sions, convene both houses, or either of them; 
and in case of disagreement between them 
w^ith respect to the time of adjournment, he 
may adjourn them to such time as he shall 
think proper. He shall receive ambassadors 
and other public ministers. He shall take 
care that the laws be faithfully executed; and 

shall commission all the officers of the United 
States. 



244 FACTS IN CIVIL GOVERNMENT 

[874] Section 4. — Impeachments. 

The President, Vice-President and all civ- 
il officers of the United States, shall be remov- 
ed from office on impeachment for, and con- 
viction of, treason, bribery, or other high 
crimes or misdemeanors. 

ARTICLE III.— Judicial Department. 

[875] Section 1. — Courts. 

The judicial power of the United States 
shall be vested in one Supreme Court, and in 
such inferior courts as Congress may, from 
time to time, ordain and establish. The judg- 
es, both of the supreme and inferior courts, 
shall hold their offices daring good behavior; 
and shall, at stated times, receive for their 
services a compensation, which shall not be 
diminished daring their continuance in office. 

[870] Section 2. — Jurisdiction. 

1. Extent.— The judicial power shall extend 
to all cases in law and equity arising under 
this Constitution, the laws of the United 
States and treaties made, or which shall be 
made under their authority; to all cases af- 
fecting ambassadors, oth^r public ministers 
and consuls; to all cases of admiralty and 
maritime jurisdiction; to controversies to 
which the United States shall be a party; to 
controversies between two or more States; 
between a State and citizens of another State; 
between citizens of different States; between 
citizens of the same State claiming lands un- 
der grants of different States and between a 
State, or the citizens thereof, and foreign 



IV-1] UNITED STATED CONSTITUTION 245 

States, citizens or subjects. 

2. Ambassadors, etc. — In all cases affecting 
ambassadors, other public ministers and con- 
suls, and those in which a State shall be a 
party, the Supreme Court shall have original 
jurisdiction. In all the other ca««es before men- 
tioned, the Supreme Court shall have appel- 
late jurisdiction, both as to law and fact, 
with such exceptions and under such regula- 
tions as the Congress may make. 

8. Trial of crimes. — The trial of all crimes, 
except in cases of impeachment, shall be by ju- 
ry; and such trial shall be held in the State 
where the said crime shall have been commit- 
ted; but when not committed within any 
State, the trial shall be at such place or places 
as the Congress may by law have directed. 

[877] Section 3. — Treason. 

1. Proof of. — Treason against the United 
States shall consist only in levying war 
against them, or iu adhering to their enemies, 
giving them aid and comfort. No person 
shall be convicted of treason unless on the 
testimony of two witnesses to the same 
overt act, or on confession in open court. 

2. Punishment. — The Congress shall have 
power to declare the punishment of treason; 
but no attainder of treason shall work cor- 
ruption of blood, or forfeiture, except during 
the life of the person attained. 

ARTICLE IT.— Relations of States. 

[878] Section l.—State Records. 

Full faith and credit shall be given in each 



246 FACTS IN CIVIE GOVERNMENT 

State to the public acts, records, and judicial 
proceedings of every other State; and the 
Congress may, by general laws, prescribe the 
manner in which such acts, records and pro- 
ceedings shall be proved, and the effects there- 
of. 
[879] Section 2. — Rights of Citizens, etc. 

1. The citizens of each State shall be entitled 
to all the privileges and immunities of citizens 
in the several States. 

2. Extradition. — A person charged in any 
State with treason, felony, or other crime, 
who shall flee from justice and be found in an- 
other State, shall, on demand of the executive 
authority of the State from which he fled, be 
delivered up, to be removed to the State hav- 
ing jurisdiction of the crime. 

S. An Obsolete Clause Regarding Slavery. — 
No person held to service or labor in one 
State, under the laws thereof, escaping into 
another, shall, in consequence of any law or 
regulation therein, be discharged from such 
service or labor, but shall be delivered up on 
claim of the party to whom such service or la- 
bor may be due. 

[880] Section 3. New States and Territo- 
ries. 

1. Admission. — New States may be admitted 
by the Congress into this Union; but no new 
State shall be formed or erected within the 
jurisdiction of any other State; nor any State 
be formed by the junction of two or more 
States, or parts of States, without the con- 



V] UNITED STATES CONSTITUTION 247 

sent of the Legislatures of the States con- 
cerned, as well as of the Congress. 

2. Disposition. — The Congress shall have 
power to dispose of, and make all needful 
rules and regulations respecting the terri- 
tory or other property belonging to the 
United States; and nothing in this Constitu- 
tion shall be so construed as to prejudice any 
claims of the United States or of any particu- 
lar State. 

[881] Section 4. — Protection Guaranteed 
the States. 

The United States shall guarantee to every 
State in this Union a republican form of gov- 
ernment, and shall protect each of them 
against invasion; and, on application of the 
Legislature, or of the executive (when the 
Legislature cannot be convened), against do- 
mestic violence. 

ARTICLE Y.— Amendments. 

[882] The Congress, whenever two-thirds of 
both houses shall deem it necessary, shall 
propose amendments to this Constitution, or, 
on the application of the Legislatures of two- 
thirds of the several States, shall call a con- 
vention for proposing amendments, which, 
in either case, shall be valid to all intents and 
purposes as part of this Constitution, when 
ratified by the Legislatures of three-fourths 
of the several States, or by conventions in 
three-fourths thereof, as the one or the other 
mode of ratification may be proposed by 
Congress; provided that no amendment which 



248 FACTS IN CIVIL GOVERNMENT 

may be made prior to the year one thousand 
eight hundred and eight shall in any manner 
affect the first and fourth clauses in the ninth 
section of the first article; and that no State, 
without its consent, shall be deprived of its 
equal suffrage in the Senate. 

ARTICLE VI.-Fiiblic Debt- Supreme Law-Oaths. 

[883] Validity of Debt.— All debts contract- 
ed and engagements entered into before the 
adoption of this Constitution shall be as val- 
id against the United States under this Con- 
stitution as under the Confederation. 

2. Supreme Law. — This Constitution, and 
the laws of the United States which shall be 
made in pursuance thereof, and all treaties 
made, or which shall be made, under the au- 
thority of the United States, shall be the su- 
preme law of the land; and the judges in every 
State shall be bound thereby, anything in the 
Constitution or laws of any State to the con- 
trary notwithstanding. 

S. Oath; Religious Test. — The Senators and 
Representatives before mentioned, and the 
members of the seve r al State Legislatures, 
and all executive and judicial officers, both 
of the United States and of the several States, 
shall be bound by oath or affirmation to 
support this Constitution; but no religious 
test shall ever be required as a qualification 
to any office or public trust under the United 
States. 
ARTICLE VII.— Ratification of Constitution. 

[884] The ratification of the conventions of 



Am. IV] UNITED STATES CONSTITUTION 249 

nine States shall be sufficient for the es- 
tablishment of this Constitution between the 
States so ratifying the same. 
AMENDMENTS. 

[The first ten Amendments were adopted in 1791. 
The 11th in 1798, the 12th in 1804, the 13th in 1865, 
the 14th in 1868, and the 15th in 1870.] 

I. — Freedom of Religion, Speech and Press. 

[885] Congress shall make no law respect- 
ing an establishment of religion, or prohibit- 
ing the free exercise thereof; or abridging the 
freedom of speech or of the press; or the right 
of the people peaceably to assemble, and to 
petition the government for a redress of griev- 
ances.— (1 791.) 

II. — Arms. 

[886] A well regulated militia being neces- 
sary to the security of a free State, the right 
of the people to keep and bear arms shall not 
be infringed. — (1791.) 

III. — Quartering Soldiers. 

[887] No soldier shall, in time of peace, be 
quartered in any house, without the consent 
of the owner, nor in time of war, but in a 
manner to be prescribed bylaw. — (1791.) 
IT. — Search Warrants. 

[888] The right of the people to be secure 
in their persons, houses, papers and effects, 
against unreasonable searches and seizures, 
shall not be violated; and no warrants shall 
issue but upon probable cause, supported by 
oath or affirmation, and particularly describ- 
ing the place to be searched, and the persons 



250 FACTS IN CIVII, GOVERNMENT 

or things to be seized. — (1791.) 

V. — Criminal Offenses. 

[889] No person shall be held to answer 
for a capital or otherwise infamous crime, 
unless on a presentment or indictment of a 
grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in 
actual service in time of war or public danger; 
nor shall any person be subject for the same 
offense to be twice put in jeopardy of life or 
limb; nor shall be compelled, in any criminal 
case, to be a witness against himself, nor be 
deprived of life, liberty or property, without 
due process of law; nor shall private property 
be taken for public use without just compen- 
sation.— (1701.) 

VI. — Criin in nl Prosec u lions. 

[890] In all criminal prosecutions, the ac- 
cused shall enjoy the right to a speedy and 
public trial, by an impartial jury of the State 
and district wherein the crime shall have been 
committed, which district shall have been 
previously ascertained by law; and to be in- 
formed of the nature and cause of the accusa- 
tion; to be confronted with the witnesses 
against him; to have compulsory process for 
obtaining witnesses in his favor, and to have 
the assistance of counsel for his defense.— 
(1791.) 

Til.— Trial hy Jury. 

[891] In suits at common law, where the 
value in controversy shall exceed twenty dol- 
lars, the right of trial by jury shall be pre- 



Am. XII.] UNITED STATES CONSTITUTION 251 

served; and no fact tried by a jury shall be 
otherwise re-examined in any court of the 
United States, than according to the rules of 
the common law. {1791.) 

VIII* — Excessive Punishment. 

[892] Excessive bail shall not be required, 
nor excessive fines imposed, nor cruel and un- 
usual punishment inflicted. — (1791. ) 
IX.— Rights Not Named. 

[893] The enumeration in the Constitution 
of certain rights shall not be construed to de- 
ny or disparage others retained by the peo- 
ple.— (1791.) 

X.— Powers Reserved. 

[894] The powers not delegated to the Unit- 
ed States by the Constitution, nor prohibited 
to it by the States, are reserved to the States 
respectively, or to the people. — (1791.) 
XI. — Suits Against States. 

[895] The judicial power of the United States 
shall not be construed to extend to any 
suit in law or equity, commenced or prose- 
cuted against one of the United States by 
citizens of another State, or by citizens or 
subjects of any foreign state. — (1798.) 
XII . —Elec tio n of Presiden t. 

[896] 1. The electors shall meet in their re- 
spective States, and vote by ballot for 
President and Vice-President, one of whom at 
least, shall not be an inhabitant of the same 
State with themselves; they shall name in 
their ballots the person voted for as Presi- 
17 



252 FACTS IN CIVIL GOVERNMENT 

dent, and in distinct ballots the person voted 
for as Vice-President; and they shall make 
distinct lists of all persons voted for as Presi- 
dent, and for all persons voted for as Vice- 
President, and of the number of votes for 
each; which lists they shall sign and certify, 
and transmit sealed to the seat of govern- 
ment of the United States, directed to the 
President of the Senate. The President of the 
Senate shall, in the presence of the Senate and 
House of Representatives, open all of the 
certificates, and the votes shall be counted. 
The person having the greatest number of 
votes for President shall be President, if such 
number be a majority of the whole number 
of electors appointed; and if no person have 
such majority, then from the persons having 
the highest number, not exceeding three, on 
the list of those voted for as President, the 
House of Representatives shall choose im- 
mediately, by ballot, the President. But in 
choosing the President, the votes shall be 
taken by States, the representation from each 
State having one vote; a quorum for this 
purpose shall consist of a member or mem- 
bers from two-thirds of the States, and a ma- 
jority of all the States shall be necessary to a 
choice. And if the House of Representatives 
shall not choose a President, when ever the 
right of choice shall devolve upon them, be- 
fore the fourth day of March next following, 
then the Vice-President shall act as President, 
as in case of death or other constitutional 
disability of the President. 



Am. XIV.] UNITED STATES CONSTITUTION 253 

2. Vice-President. — The person haying* the 
greatest number of votes as Vice-President 
shall be the Vice-President, if such number be 
a majority of the whole number of- electors' 
appointed; and if no person have a majority, 
then from the two highest, numbers on the 
list the Senate shall choose the Vice-President; 
a quorum for the purpose shall consist of 
two-thirds of the whole number of Senators, 
and a majority of the whole number shall be 1 
necessary to a choice. 

S. Eligibility.— -But no person constitution- 
ally ineligible to the office of President shall 
be eligible to that of Vice-President of the 
United States.— {1804.) 

XIII. — Shivery* 

[897 ] 7. Neither slavery nor involuntary 
servitude, except as a punishment for crime, 
whereof the party shall have been duly con- 
victed, shall exist within the United States, 
or any place subject to their jurisdiction. 

2. Congress shall have power to enforce this 
article by appropriate legislation. — (1865.) 
XI Y.— Civil Rights. 

[898] 1. Civil Rights. — All persons born or 
naturalized in the United States and subject 
to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they 
reside. No State shall make or enforce any 
law which shall abridge the privileges or im- 
munities of the citizens of the United States; 
nor shall any State deprive any person of 
life, liberty or property, without due pro- 



254 FACTS IN CIVIL OOYEKNMENT 

cess of law; nor deny to any person within its 
jurisdiction the equal protection of the laws. 

2. Apportionment of Representatives. — Rep- 
resentatives shall be apportioned among the 
several States according to their respective 
numbers, counting the whole number of per- 
sons in each State, excluding Indians not 
taxed. But when the right to vote at any 
election for the choice of electors for Presi- 
dent and Vice-President of the United States, 
Representatives in Congress, the executive and 
judicial officers of a State, or the members of 
the Legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty- 
one years of age, and a citizen of the United 
States, or in any way abridged, except for 
participation in rebellion or other crime, the 
basis of representation therein shall be re- 
duced in the proportion which the number of 
such male persons shall bear to the whole 
number of male citizens twenty-one years of 
age in such State. 

3. Political Disabilities. — No person shall be 
a Senator or Representative in Congress, or 
elector of President and Vice-President, or 
hold any office, civil or military, under the 
United States, or under any State, who hav- 
ing previously taken an oath as a memuer of 
Congress, or as an officer of the United States, 
or as a member of any State Legislature, 
or as an executive or judicial officer of any 
State, to support the Constitution of the 
United States, shall have engaged in insur- 
rection or rebellion against the same, or giv- 



Am. XV.] UNITED STATES CONSTITUTION 255 

en'aid or comfort to the enemies thereof. 
But Congress may, by a two-thirds vote of 
each house, remove such disability. 

4. Public Debt.— The validity of the public 
debt of the United States authorized by law, 
including debts incurred for payment of pen- 
sions and bounties for services in suppressing 
insurrection or rebellion, shall not be ques- 
tioned. But neither the United States nor 
any State shall assume or pay any debt or 
obligation incurred in aid of insurrection or 
rebellion against the United States, or any 
claim for the loss or emancipation of any slave: 
but all such debts, obligations and claims 
shall be held illegal and void. 

5. Enforcement. — The Congress shall have 
power to enforce, by appropriate legislation, 
the provsions of this article. — (1868.) 

XY.— Suffrage. 

[899] 1. The right of the citizens of the 
United States to vote shall not be denied or 
abridged by the United States or by any State 
on account of race, color, or previous condi- 
tion of servitude. 

2. Enforcement. — Congress shall have power 
to enforce, by appropriate legislation, the 
provisions of this article. {1870.) 




GOVERNMENT 
OF 

WEST VIRGINIA. 

900. Adjutant- General. —Appointed by Gov- 
ernor. Term, four years. Salary, $1,200. Has 
rank of colonel, with brevet rank of briga- 
dier general. Is ex- officio quarter-master- 
general, and superintendent of weights and 
measures. Executes all lawful orders of the 
Governor. Delivers the Governor's orders to 
the militia, and carries out all his orders con- 
cerning it. Also performs the regular duties 
of his other offices. 

901. Attorney -General.— Elected. Term, four 
years. Salary, .$1,300, and fees. Must be 
twenty-five years of age and a citizen five 
years. Need not reside at capital. Commis- 
sioned by Governor. Is counsel for the State. 
Gives legal advice to State officers. Passes 
on validity of bonds. Removes unlawful 
bridges across navigable rivers. 

902. Auditor. — Elected. Term, four years. Sal- 
ary, $2,000, and fees. Must reside at capital. 
Keeps account of all appropriations and ex- 
penditures. Examines claims against the 
State, and issues warrants on the treasurer. 
Audits claims on sheriffs and other officers. 
Furnishes forms for assessors, and instructs 
them. Keeps records of land and other 
property. Bond, $20,000. 



FACTS IN CIVIL GOVERNMENT 257 

903. Board of Agriculture.— Appointed by 

Governor. Number, five — one from each Con- 
gressional District, and one at large. Term, 
four years. Compensation, $4 per day when 
engaged, and traveling expenses. Practical 
farmers engaged in the business. Promotes 
agricultural interests by holding institutes, 
sending out agricultural documents, etc. 
Elects Secretary, with office at capital, whose 
salary cannot exceed $ 1,000, and traveling ex- 
penses. 

904. Board of Dental Examiners. — Appointed 
by Governor. Number, five. Term, five years. 
Compensation, fees. Examine applicants, and 
issue licenses to practice dentistry. 

905. Board of Directors W. Ya. Asylum 
for Incurables.— Appointed by Governor with 
consent of Senate. Number, eight — four men 
and four women — one of each appointed every 
two years. Compensation, fixed by Board of 
Public Works, not more than $3 per day 
when employed, and ten cents mileage to and 
from asylum. Has general control of asy- 
lum. 

906. Board of Directors Hospital for Insane at 
Weston.— Appointed by Governor with con- 
sent of Senate. Number, nine. Term, six 
years. Compensation, $4 per day when em- 
ployed, and expenses. Not more than one Di- 
rector from any one county. Chooses a mem- 
ber president every two years. Has general 
control of the affairs of the institution. 

907. Board of Directors Second Hospital tor 
Insane at Spencer. — Same provisions as for 



258 FACTS FN CIVIL GOVERNMENT 

board for hospital at Weston. 

908. Board of Directors W. Ya. Industrial 
Home for Girls.— Appointed by Governor with 
consent of Senate. Number, six — three men 
and three women — one of each appointed ev- 
ery two years. Term, six years. Compen- 
sation, $4 per day when employed, and ex- 
penses. Has general control of the home. 

901). Board of Directors W. Va. Reform 
School. — Appointed by Governor with consent 
of Senate. Number, six— not more than four of 
same politics. Term, six years. Not more 
than two from same county. Chooses a mem- 
ber president every two years. Compensation, 
$4 per day when employed, and expenses. 
Has general control of the business of the 
school. 

910. Board of Directors Penitentiary.— Ap- 
pointed by Governor with consent of Senate. 
Number, five— one from Marshall County and 
not more than one from any other one coun- 
ty. Compensation, four dollars per day 
when employed, and expenses. Has general 
control of penitentiary. 

911. Board of Pardons or Advisory Board.— 
Term, four years. Number, two — one from each 
of the two great political parties. Appointed 
by the Governor. Compensation, $4 per day; 
no mileage, but reasonable expenses not ex- 
ceeding $600 per year. Meeting, the first Tues- 
day in April, July and October, of each year, 
at Moundsville. Clerk of penitentiary acts as 
clerk of the Board. Duties, to consider appli- 
cations for pardons, commutations and re- 



StHte.] WEST VIRGINIA GOVERNMENT 259 

prieves, and to make written recommenda- 
tions to the Governor as to granting or re- 
fusing the same. Governor may remove 
members and fill vacancies. 

912. Board of Public Works,— Composed of 
Governor, Treasurer, State Superintendent of 
Free Schools, Auditor, and Attorney-General. 
No extra compensation. Secretary of State 
ex-officio secretary of board. Assesses rail- 
road property, has charge of all internal im- 
provements, designates banks to be state de- 
positories, appoints Commissioners of Phar- 
macy, Board of Dental Examiners, and Com- 
missioner of Immigration. 

913. Board of Regents Bluefield Colored Insti- 
tute. — Appointed by Governor, to serve at his 
will. One from each Congressional District, 
and State Superintendent ex-officio member — 
five in all. Compensation, $4 per day 
when employed. Duties same as in (918). 

914. Board of Regents Preparatory Branch 
W. Ya. University at Montgomery.— Composed 
of University regents and State Superintend- 
ent of Free Schools, who is ex-officio mem- 
ber — ten in all. Duties same as in (918). 

915. Board of Regents W. Ya. Colored Insti- 
tute. — Appointed by Governor to serve at his 
will. Number, five. Not more than three of 
same politics. Compensation, $4 per 
day when employed, and expenses. Da- 
ties same as in (918). 

916. Board of Regents State Normal Schools.— 
Appointed by the Governor. Number, five — 
one from each Congressional District, and 



260 t'ACTa IN CIVIL, GOVERNMENT 

Stats Superintendent ex-officio member. 
Term, four years. Compensation,. $4 
per clay when enployecl, and expenses. 
Duties same as in (918). 

917. Board of Regents W. Ya. Schools for 
Deaf and Blind. — Appointed by Governor. 
Number, seven — not more than two from any 
one Congressional District. Compensation, 
$4 per day when employed, and expenses. 
Has general control of the business of the 
school. 

918. Board of Regents ofW. Ya. University.— 
Appointed by Governor with consent of Sen- 
ate. Number, nine. Compensation, f 4 per day 
when employed, and expenses. No two from 
same Senatorial District. Not more than five 
of the same political party. Appoints in- 
structors; has charge of buildings and funds, 
receives gifts, and transacts the general busi- 
ness of the university. 

919. Board of School Fund.— Composed of 
Governor (ex-officio President), Auditor (ex- 
officio Secretary), State Superintendent of 
Free Schools, and Treasurer. Has control of 
permanent school fund. Meets in Auditor's 
office. 

920. Commissioner of Immigration.— Ap- 
pointed by Board of Public works. Term, at 
pleasure of board. Salary and duties fixed by 
board. Object, to encourage immigration of 
proper persons. 

921. Commissioner of Labor.— Appointed by 
Governor. Term, four years. Salary, $1,200; 
assistant, $800. Collects and compiles la- 



Stctte.] WEST VIRGINIA GOVERNMENT 261 

bor and industrial statistics. ]Must visit prin- 
cipal factories and workshops at least once 
a year. 

922. Commissioners of Pharmacy.— Appointed 
by the Board of Public Works. Number, four 
— one from each Congressional District. Com- 
pensation, fees. Must have five year's residence 
instate; also five year's experience. Examine 
applicants and grant licenses to pharma- 
cists. 

923. Commissioners of Public Printing.— 
Number, three — Auditor, Treasurer and State 
Superintendent of Free Schools. Contracts for 
State printing and binding, and for station- 
ery for the use of the State. No extra Com- 
pensation. 

924. Congressional Districts.— First, Han- 
cock, Brooke, Ohio, Marshall, Wetzel, Tyler, 
Doddridge, Harrison, Gilmer, Lewis and 
Braxton. 

Second, Monongalia, Marion, Preston, Tay- 
lor, Barbour, Randolph, Tucker, Pendleton, 
Hardy, Mineral, Hampshire, Grant, Morgan, 
Jefferson and Berkeley. 

Third, Logan, Wyoming, McDowell, Mer- 
cer, Raleigh, Boone, Kanawha, Fayette, 
Clay, Nicholas, Greenbrier, Monroe, Summers, 
Webster, Pocahontas, Upshur and Mingo. 

Fourth, Pleasants, Wood, Ritchie, Wirt, 
Calhoun, Jackson, Roane, Mason, Putnam, 
Cabell, Lincoln and Wayne. 

925. Days of Grace.— Days of grace are not 
allowed on any negotiable paper made after 
May 23, 1899, unless otherwise provided in 



262 FACTS IN CIVII; GOVERNMENT 

such instrument. 

926. Delegates. — Elected. Number, seventy 
one. Term, two years. "Compensation, $4 
per day, and 10 cents mileage in going to, and 
returning from the capital. Privileged from 
arrest. Residence required in district. Effect 
of removal from county or delegate district, 
beginning of term, and freedom in debate, the 
same as in the case of Senators (938). 

927. Game and Fish Warden.— Appointed by 
Governor. Term, four years. Salary, all fines 
up to $1,200, and 20 per cent, of all over that 
amount; also mileage. Prosecutes offenders 
against game and fish laws. 

928. Governor. — Chief executive. Elected. 
Term, four years. Salary, $2,700. Cannot 
serve two successive terms. Must be 80 years 
of age at beginning of term, and a citizen of 
the State five years, at election. Commander- 
in-Chief of the State militia. Approves or ve- 
toes bills. Appoints certain officers with con- 
sent of Senate. May remove those whom he 
appoints. Must reside at capital. Can hold 
no other office during his term. May convene 
Legislature in extra session; must do so on 
written application of three-fifth of the mem- 
bers elected to each house. Approves State 
contracts for printing, etc. Gives informa- 
tion and recommendations to Legislature by 
message. Temporarily fills vacancies in elect- 
ive State offices. May, for safety, convene 
Legislature at another place than the capital. 
May call out militia to enforce law, suppress 
insurrection and repel invasion. Has par- 



State.] WEST VIRGINIA GOVERNMENT 263 

and reprieving* power. 
May require information in writing under 
oath from subordinate executive officers. Va- 
cancy in office of Governor filled in order (1) 
by President of Senate; or (2) by Speaker of 
House; or, (3) by person chosen by joint ses- 
sion of the Legislature. If the vacancy occurs 
before the end of third year of term, it is filled 
by special election. 

929. Judges of Circuit Courts.— Elected. Num- 
ber, fourteen. Term, eight years. Salary, 
$1,800, and ten cents mileage. Can hold no 
other office during term. Cannot practice 
law. All elected at same time. Qualifica- 
tions, same as for Governor (928). 

930. Judges of Supreme Court of Appeals. — 
Elected. Number, four. Term, twelve years. 
Salary, $2,200, and ten cents mileage. Com- 
missioned by Governor. Can hold no other 
office during his term. Cannot practice law. 
Two elected every six years. Qualifications 

same as for Governor (928). 

931. Judicial Circuits. — First, Hancock, 
Brooke, Ohio, Marshall. Two Judges. 

Second, Harrison, Marion, Monongalia. 

Third, Barbour, Preston, Randolph, Tay- 
lor, Tucker. 

Fourth, Doddridge, Ritchie, Tyler, Wetzel. 

Fifth, Pleasants, Wirt, Wood. 

Sixth, Calhoun, Clay, Gilmer, Jackson, 
Roane. 

Seventh, Kanawha, Mason, Putnam. 

Eighth, Cabell, Lincoln, Logan, Mingo, 
Wayne. 



264 FACTS IN CIVIL GOVERNMENT 

, Ninth, Boone, McDowell, Mercer, Raleigh, 
Wyoming, 

- Tenth, Fayette, Greenbrier, Monroe, Poca- 
hontas, Summers. 

Eleventh, Braxton, Lewis, Nicholas, Up- 
shur, Webster, 

Twelfth, Grant, Hampshire, Hardy, Min- 
eral, Pendleton. 

Thirteenth, Berkley, Jefferson, Morgan. 

- 982. Legal Holidays. — The following are, by 
statute, made legal holidays in the State: 

New Year's Day, January 1st. 

Washington's Birth Day, February 22nd. 

Independence Day, July 4th. 

Memorial Day, May 30th. 

Christinas Day, December 25th. 

Labor Day, the first Monday in September. 

National and State election days. 

All days appointed by the Governor or 
President as days of thanksgiving or for the 
general cessation of business. 

If a legal holiday falls on Sunday, then the 
succeeding Monday is a legal holiday.— Ch. IS, 
Acts 1899. . 

933. Mine Inspectors. — Appointed by Gov- 
ernor. Term, four years. Four districts — 
one inspector in each. Also, one chief mine 
inspector. Salaries; chief, $1,500; inspectors 
$1,000. Must have six year's experience as 
miners. Visit all mines in district for inspec- 
tion at least once every three months. $300_ 
each per year for expenses. Bond, $2,000. 

934. Notaries Public—Appointed and com- 
missioned by Governor. Compensation, fees. 



State.] WEST VIRGINIA GOVERNMENT 265 

Hold office during good behavior. As many 
as Governor thinks proper to appoint. Can 
act only in the county for which appointed. 
Take acknowledgment of deeds and other- 
writings. Administer oaths. Protest com- 
mercial paper. Are conservators of the peace. 
Bond, $250 to $ 1,000. 

935. Protest.— Papers falling due on a Sun- 
day or on a legal holiday, are payable and 
may be protested on the succeeding day. 

Papers falling due on a Saturday, are due 
and payable before 12 o'clock, noon, of that 
day. 

936. Secretary of State.— Appointed by Gov- 
ernor. Term, four years. Salary $1,000, and 
fees. Bond, $10,000. Besides usual oath, 
must swear to keep secret what the Govern- 
or requires him to conceal. Keeper of State 
Seals. Preserves journal of executive proceed- 
ings, State records and all executive papers. 
Issues charters. Distributes reports and cop- 
ies of law. Aids Governor as required by 
him. Has general clerical duties. 

937. Senatorial Districts.— First, Hancock, 
Brooke, Ohio. 

Second, Marshall, Wetzel, Marion. 

Third, Tyler, Ritchie, Doddridge, Harrison. 

Fourth, Pleasants, Wood, Wirt, Calhoun, 
Gilmer. 

Fifth, Jackson, Roane, Mason. 

Sixth, Cabell, Wayne, Putnam. 

Seventh, Logan, Lincoln, Wyoming, Mc- 
Dowell, Mercer, Raleigh, Mingo. 

Eighth, Greenbrier, Monroe, Summers, Fay- 



266 FACTS IN CIVIL GOVERNMENT 

ette, Pocahontas. 

Ninth, Kanawha, Nicholas. Braxton, Clay, 
Boone. 

Tenth, Randolph, Lewis, Upshur, Barbour, 
Webster. 

Eleventh, Preston, Monongalia, Taylor. 

Twelfth, Hampshire, Hardy, Grant, Miner- 
al, Pendleton, Tucker. 

Thirteenth, Jefferson, Berkley, Morgan. 

938. State Senators. — Elected. Number, 
twenty-six. Term, four years. Compensa- 
tion, $4 per day during session, and ten cents 
mileage to and from the capital. Must be 
twenty-five years of age and citizen five years. 
No two from same county. Divided into two 
classes — one from each district elected every 
two years. Privileged from arrest during 
session and ten days before and after, except 
for treason, felony and breach of peace. Re- 
moval from district vacates office. Must re- 
side in district one year before election. Term 
begins first of December after election. Can 
not, except in the Senate, be questioned for 
words spoken in debate. 

939. State Bank Examiner. — Appointed by 
Governor. Term, four years. Salary $700; 
also $15 to be paid by each bank examined. 
Must be skilled in book-keeping and banking. 
Must personally examine each State (not na- 
tional) bank, and, before Sept. 30th of each 
year, send to Auditor detailed report of con- 
dition and financial standing of same. 

940. State Board of Examiners. — Appointed 
by the State Superintendent of Free Schools. 



State.'] WEST VIRGINIA GOVERNMENT 2(57 

Number, four — one from each Congressional 
District. Term, four years. Compensation, 
$5 per day when employed, and 6 cents mile- 
age. Examines teachers and issues State Cer- 
tificates. Compensation must be paid by fees 
received. State Superintendent countersigns 
certificates. 

941. State Board of Embalmers.— Term, four 
years. Number, eight — two from each Con- 
gressional District. Compensation, $2 per 
meeting and expenses. Secretary, $ 100 per year. 
Meet once a year, with special sessions. Du- 
ties, to examine and license embalmers, and 
to keep a register of the same. Elect a Pres- 
ident, Secretary and Treasurer from their 
number. 

942. State Board of Health.— Appointed by 
Governor. Number, eight — two from each 
Congressional District. Compensation, $4 
per day when employed, and expenses. 
Graduate physicians of twelve years' experi- 
ence. Term, four years. May be re- 
moved by Governor. Two appointed ev- 
ery second year. Every two years, elects 
President and Secretary from members. Sec- 
retary's salary not more than $500, with not 
more than $100 for traveling expenses. Board 
examines applicants and issues licenses to 
practice medicine. Also has general supervis- 
ion of the health affairs of the State. 

943. State Librarian. — Appointed by Govern- 
or. Term, four years. Salary, $1,000. Has 
charge of state library. 

944. State School Fund.— The Permanent 

18 



2§8 FACTS liV.GrVTTj OOYi^XUICXT 

orIrrsduuible School Fond is. made up from 
the following sources as provided in the Con- 
stitution: 

1. The proceeds of forfeited, delinquent, 
waste and unappropriated lands. 

2. Grants, devises, bequests made to the 
State, unless given for some specific purpose. 

3. The State's share of the Literary Fund of 
Virginia. 

4. Any money, stocks or property received 
from Virginia for educational purposes. 

5. Proceeds of estates of persons who may- 
die without leaving a will or heir. 

6. Proceeds of any tuxes levied on the reve- 
nues of any corporations. 

7. Moneys paid for exemption from military 
duty. 

8. Any appropriations made by the Legisla- 
ture for the fund. 

!). Any part of the interest remaining unex- 
pended at the close of any fiscal year. 

The Fund now amounts to over $800,000, 
and is invested in interest-bearing securities. 

Only the interest can be annually expended 
for school purposes. 

Board of the School Fund, (919). 

The General. School Fund, provided for 
by statute, is made up of — 

1. A State tax of ten cents on each $100 val- 
uation. 

2. The net proceeds of fines. 
8. Capitation tax. 

4. Annual interest on the Permanent School 
Fund... 



SUite.'] WEST VIRGINIA GOVERNMENT 269 

This Fund is apportioned among- the school 
districts of the State according to the school 
enumeration. 

945. State Superintendent of Free Schools. — 
Elected. Term, four years. Salary, $1,500. 
Must reside at capital. Has general super- 
vision of free schools. Has supervision of 
County Superintendents. Distributes school 
blanks, copies of school law, etc. Supervises 
institutes. Collects statistics. 

#46. Treasurer. — Elected. Term, four years. 
Salary, $1,400. Must reside at the capital. 
Keeps account of all appropriations and mon- 
eys turned into the treasury; also of all dis- 
bursements. Issues checks on treasury on the 
warrants of Auditor. Bond, $25,000. 

947. Vaccine Agents. — Appointed by Gov- 
ernor. Term, four years. Salary, $.50. One 
must reside at Charleston, one at Martins- 
burg, and one at Wheeling. Must furnish to 
citizens on application, free of charge, vaccine 
matter and directions for use. 

£48. Warden of Penitentiary. — Appointed by 
Governor with consent of Senate. Term, four 
years. Salary, not over $1,500. Executive 
officer of Penitentiary under Board of Direc- 
tors. Bond, $10,000. 

941). West Virginia Courts. — The sys- 
tem comprises the following courts in 
the order given, beginning with tbe highest: 

Supreme Court of Appeals. — The highest 
court of the State. Consists of four judges, 
three being a quorum. It holds three ses- 
sions every year — one at Charleston, com- 



270 



PAtTei IX CIVIL GOVERNMENT 



mencing the 2nd Wednesday in January; one 
at Wheeling, commencing the 1st Wednesday 
in June; and one in Charlestown, commenc- 
ing the 1st Wednesday in September. 

Original jurisdiction, in cases of habeas cor- 
pus, mandamus, and prohibition. 

Appellate jurisdiction, in civil cases where 
the amount in controversy exclusive of cost, 
exceeds $100; in land and will cases; in cases 
involving constitutional questions; in crimin- 
al cases; in cases of quo warranto* habeas 
corpus, mandamus, certiorari and prohibi- 
tion; in a few other cases prescribed by the 
constitution; and such other appellate juris- 
diction as may be prescribed by law. 

If a, vacancy occurs within two years or 
more of the close of the term, the Governor 
issues writs of election to fill such vacancy at 
the next general election for the remainder of 
the term, and fills such vacancy until a judge 
is elected and qualified. 

But if the unexpired time be less than two 
years, the Governor fills it by appointment. 

The Governor, or President of said court, 
may convene same to revise a case. 

The Attorney General acts as Court Report- 
er. Supreme Judges, (930). 

Circuit Court. — It must hold at least three 
sessions in each County every year at times 
prescribed by law. 

It has original jurisdiction in all cases when 
the amount in controversy, exclusive of inter- 
est, exceeds $50; in all cases of habeas corpus, 
mandamus, quo warranto, and prohibition; 



State.'] WEST VIRGINIA GOVERNMENT 271 

in all cases of equity, and all crimes and mis- 
demeanors. 

Its appellate jurisdiction extends to all cases, 
civil and criminal, where an appeal, writ of 
error or supersedeas may be allowed to the 
judgment or proceedings of any inferior tri- 
bunal. It may have other jurisdiction, su- 
pervisory, original, appellate or concurrent, 
as prescribed by law. 

Special terms may be called by the judge, 
by a warrant directed to the clerk. 

Circuit Judges, (929). Circuit Clerk, (952). 

County Court. — Composed of three com- 
missioners — any two of whom constitute a 
quorum. It has the custody of deeds and 
other papers presented for record in the re- 
spective counties. 

Its jurisdiction extends to matters of pro- 
bate, the appointment and qualification of per- 
sonal representatives, guardians, committees, 
curators, and the settlement of their accounts; 
and to all matters relating to apprentices, 
etc. 

It has power to issue license for the sale of 
intoxicating liquors. 

It holds four regular sessions each year 
at times fixed by said court, and may hold spe- 
cial sessions whenever the public interests re- 
quire it. Commissioners, (956). Clerk, (958). 

Justice's Court. — The lowest court of the 
State. It has only original jurisdiction. 

Its jurisdiction extends to cases of debt, det- 
inue and trover, if the amount claimed, ex- 
clusive of interest, does not exceed $300; and 



ttZ FACTS L\ CIV1J, GOVEEXMENT 

to misdemeanors. 

It must have a jury of six, if demanded by 
either party in a suit, when the amount in 
controversy exceeds $20. 

Cases may be appealed to the Circuit Court 
when the amount in controversy exceeds $15 
exclusive of interest and costs, or the case in- 
volves the freedom of a person, the validity 
of a law, or an ordinance of any corporation, 
or the right of a corporation to levy tolls or 
taxes. Justices, (970). 

GriminaU Courts.— Special courts created 
by particular legislative acts, for the trial of 
criminal cases in sections where the regular 
courts are over-crowded with work. 



,THE COUNTY. 

950. Agent of County Infirmary. — Appointed 
by County Court and selves at its pleasure. 
Compensation, fixed by said Court. Superin- 
tends affairs of Infirmary, Bond fixed by 
court. 

1)51. Assesssor.— One in each county; in cer- 
tain counties, two. Elected. Term, four 
years. Salary, $200 to $ 350 (a few counties 
may pay more); also fees and commissions. 
Duty, to list the taxable property and polls of 
his disrict; to issue certificates for State license, 
and to register births and deaths foi* the pre- 
ceding year. Bond, $2,000 to $5,000. 

952. Clerk of Circuit Court. — Elected. Term, 
six years. Salary. $200 to $1200 according to 



County.] west Virginia Government 273 

county; al«o fees. Records proceedings and 
preserves all records and papers of court. 
Prepares bonds given before the court. Fur- 
nishes copies of records. Issues subpoenas, 
processes, orders of affairs, etc. Bond, $8,000 
to $10,000. 

958. Clerk of County Court.— Elected. Term, 
six years. Salary, $200 to $600; also fees. Re- 
cords proceedings of court and does cleri- 
cal work. Records deeds and other papers. 
Probates wills. Issues marriage licenses, 
etc., etc. Preserves county records and pa- 
pers. Bond, $3,000 to $10,000. 

954. Commissioners in Chancery.— Appoint- 
ed by Circuit Court. Term, at its pleasure. 
Number, not more than four. Compensation, 
fees. Examine and report on accounts and 
matters referred to them by the court. 

955. Commissioners of Accounts.— Appointed 
by County Court. Number, not more than 
four. Compensation, fees. Supervise fiducia- 
ries (847), examine their accounts and settle 
with them, 

95(>. Commissioners of County Court.— Elect- 
ed. Number, three. Term, six years— one 
elected every two years. Compensation, $2 
per day when employed. No two from same 
district. Two a quorum. Annually elect 
one of their number President; they may ad- 
minister oaths ,take affidavits or depositions, 
acknowledgments of deeds, etc., and are 
conservators of the peace. They levy coun- 
ty taxes and pay county expenses. Appoint 
road surveyors, over-see vs of the poor, coro- 



274 FACTS IN CIVIL GOVERNMENT 

ners, commissioners of accounts, election offi- 
cers, guardians, administrators, etc. Have 
charge of county buildings, roads, bridges fer- 
ries, district boundary lines, county infirm- 
aries, the probating of wills and the recording 
of deeds and other papers, the counting and 
certifying election returns, etc., etc. Four 
regular sessions per year. Extra sessions at 
pleasure of court. 

957. Commissioner of School Lands. — Ap- 
pointed by Circuit Court. Term, at its pleas- 
ure. Compensation, fees and commissions. 
Sells public school lands — lands purchased by 
the State for taxes, and waste and unappro- 
priated lands. Bond, at least $5,000. 

958. Coroner.— Appointed by County Court 
to serve during its pleasure. Compensation, 
fees. Inquires into mysterious deaths. Can 
issue warrant for person shown to be guilty 
in a case. Justice acts if coroner cannot. 

959. County Board of Examiners. — Nominat- 
ed by the County Superintendent of Free 
Schools and chosen by Presidents of Boards 
of Education. Two members, and County 
Superintendent, who is ex- officio member and 
President of Board. Term, two years. Com- 
pensation, $3 per day when employed. Paid 
out of fees. Holds two or more examina- 
tions of teachers each year. 

960. Connty Superintendent of Free Schools. 
— Elected. Term, four years. Salary, for 50 
schools, |150; 51 to 75 schools, $200; 76 to 100 
schools, $250; over 100 schools, $300. Paid 
out of general school fund. Visits schools. 



County.] west Virginia government 275 

Advises teachers. Distributes blanks, etc. 
Decides appeals from Boards of Education. 
Approves plans for school houses. Reports 
to sheriff amount of schoof fund. Arranges 
for, and assists in, holding teachers' institutes. 
Reports statistics to State Superintendent. 
Tie vote for the office decided by Presidents of 
Boards of Education, who select one of those 
having most votes to serve. Vacancies also 
filled by the Presidents. Helps examine teach- 
ers. Term begins July first. Bond, $500. 

961. General Provisions.— Residence. All 
county officers except Prosecuting Attorney 
must reside in the county. 

Rem oval. —Clerk of Circuit Court, prosecuting 
attorney, sheriff, surveyor of lands, and county 
commissioners are removed by Circuit Court. 

Clerk of County Court, superintendent of free 
schools, assessors, justices and constables are 
removed by either Circuit Court or County 
Court. 

Oath. -All officers ar3 sworn. 

Official Bonds.— Bonds of all officers elected, 
approved by County Court, except that of 
circuit clerk, which is approved by Circuit 
Court; and all are filed in the county clerk's 
office, except that of county clerk, which is 
filed in the circuit clerk's office. 

Bonds of officers appointed by courts are 
approved by said courts and filed in their re- 
spective offices. 

9(>2. Jury Commissioners. — Appointed by 
Circuit Court. Number, two. Term, four 
years. Paid $2 per day when employed. Of 



270 FACTS IN CIVIL GOVERNMENT 

opposite polities. Annually, and when re- 
quired by court, prepare jury list of not few- 
er than one hundred names, place same on 
separate ballots in a box, and draw juries 
therefrom when needed. Court may remove, 
and fill vacancy. 

963. Local Board of Health. — Two citizens 
and one physician nominated by County Court 
and appointed by State Board of Health, to 
serve two years with President of County 
Court and prosecuting attorney. Physician 
paid salary by court, and citizens paid expens- 
es.. Physician executive officer of Board. 
Look after sanitary affairs of county. Sub- 
ject to. State Board's orders. 

964* Prosecuting' Attorney.— Elected. Term, 
four years. Salary, from $200 to $4,000, accord- 
ing to county-; also fees. County prosecutor. 
Gives legal advice to county officers. Must 
defend or prosecute any suit in which the 
county or a district is a party. 

965. School Book Board.— Composed of the 
County Superintendent, who is ex officio sec- 
retary, and eight others appointed by the 
County Court, at least four of whom must be 
freeholders not teachers, and at least three 
active teachers, but not more than live of the 
same politics. Elects a member President. 
Contracts for school books for five years, and 
fixes retail price not exceeding twenty-five 
per cent, advance on net contract price. Com- 
pensation, $2 per day when employed. 

966. Sheriff.— Elected. Term, , four years. 
Salary, from $200 to $500 according to conn- 



District.] west Virginia government 277 

ty; also commissions and fees. Executive of- 
ficer of county. Serves judicial writs and pro- 
cesses. Collects taxes and pays county and 
district orders as county treasurer. Attends 
Circuit and County Courts as executive officer, 
Is ex officio jailer with power to appoint a 
substitute. Cannot practice law. Cannot 
serve two consecutive terms. Can hold no 
other office for one year after expiration of 
term. Bond, $ 20,000 to #150,000. 

967 . Surveyor of Lands.— E 1 e c t e d. T e r m, 
four years. Compensation, fees. Surveys 
lands on order of any court. Reports waste 
and unappropriated lands to Circuit Court. 
Bond. $1,000 to $3,000. 



THE DISTRICT. 

9(>8. Board of Education.— Elected. Com- 
posed of President and two Commissioners. 
Term, four years. Compensation, $1.50 per 
day for six days each year. Fixes teachers' 
salaries. Lays district school levy. Appoints 
trustees. Locates school houses, etc. Elects 
secretary who is paid $25 per year. 

969. Constable.— Elected. Number, one for 
each justice. Term, four years. Compensa- 
tion, fees. Serves summonses, subpoenas, etc., 
and makes arrests. Has jurisdiction through- 
out the county. 

970. Justice of the Peace.— Elected. Num- 
ber, two if district has population of more 
than 1,200; otherwise, one. Term, four years. 



278 FACTS IN CIVIL GOVERNMENT 

Compensation, fees. Civil jurisdiction ex- 
tends to $300. Issues warrants and subpoe- 
nas. Takes acknowledgments, depositions 
and affidavits. Tries misdemeanors, etc., etc. 
Has jurisdiction throughout the county. 

971. Overseer of Poor.— Appointed by Coun- 
ty Court. Term, two years. One in each dis- 
trict. Compensation, not more than $1.50 
per day when employed. Assists in caring 
for the poor. 

972. School Trustees.— Appoined by Board 
of Education. Number, three in each sub-dis- 
trict. Term, three years— one appointed each 
year. No compensation. Hire teacher; certi- 
fy time taught; contract for fuel and care of 
house, etc. 

973. Surveyors of Roads.— Appointed by 
County Court. Number, fixed by court. Term, 
two years. Compensation, from one dollar 
to one dollar and fifty cents per day, as fixed 
by court. Keep roads in their respective 
precincts in order. 




INDEX 



No™— Except in a few cases, references are here 
made only to sub-topics. See Note II, page 7. Refer- 
ences below are to pages. 



A 

Accessory before the fact, 8. 

after the fact, 8. 

Action, case, cause, suit,20o 
Ad valorem duty, 81. 
Alaska, 211. 
Alien Law, 12. 
Amendments to Const., 59. 
American Bill of Rights, 27. 
American Parties, 161, 165. 
Annapolis Convention, 58. 
Anti-Federal Party, 159. 
Anti-Masonic Party, 160. 
Anti-Renters, 163. 
Appellate Jurisdiction, 122. 
Aristocracy, 102. 
Articles of Impeachment, 

115. 
Award, 14. 

B 

Barn Burners, 163. 
Basis of representation, 14. 
Bequeath — devise, 228. 
Blanket ballot, 21. 
Blockade runners, 29. 
Buck Tails, 164. 
Bunkum, 32. 
Banc or Banco, Court in, 
69. 

c 

Certified check, 38. 
Change of venue, 222. 
Charges D' Affaires, 77. 
Charter government, 46. 
Chattel mortgage, 137. 
Chinese, naturalization of, 

139. 
Circumstantial evidence 

88. 
Civil district, 44. 
Civil embargo, 86. 
Civil suit, 205. 
Clintonians, 164. 
Committee of the whole, 49 
Committees, Political, 153 



Compound felony, 96. 

Compound larceny, 125 

Concurrent resolution,!^.?. 

Connecticut Compromise, 
58. 

Conscience Whigs, 165. 

Conservatives, 164. 

Constitutional Convention, 
58. . 

Constitutional Union Party, 
161. 

Consul-General, 61. 

Conventions, political, 154. 

Cotton Whigs, 165. 

Coupon bonds, 30. 

Courts of Bankruptcy, 23. 

Courts. — Federal. Supreme, 
206; Gircuit of Appeals, 
38; Gircuit, 39; District, 
78. 
Others: Territorial, 210; 
of District of Columbia, 
212; of Claims, Martial, 
69; of Impeachment, 70. 
State: Supreme, Gircuit, 
Superior. District, 200; 
Probate, Surrogate, Or- 
phan's, Justice's, of Im- 
peachment, of Oyer and 
Terminer, of Sessions, 201; 
of Common Pleas, Equity, 
Chancery, 202. 

Others: Admiralty, 9; 
Prize, 175; In Banc, 69; 
Nisi Prius, 142; Bankrupt- 
cy, 23; of Record, 70. 
Colonial: Petty Sessions, 
Quarter Sessions, Highest, 
4 5. 

Criminal suit, 206. 
D 

Defensive war, 225. 

Democracy, 101. 

Democratic Party, 160 

Democratic-Republican 
Party, 159. 



280 



IN J) EX 



Department of 

89 



State, etc., Liberty Party, 161, 
Loco-Focos, 163. 



Devist — bequeath, 228. Log Cabin Campaign, 110. 

Direct evidence, 88. X.oose Constructionists, 151 

Direct tax, 208. Lords spiritual. 112. 

District Attorney. 79. Louisiana Purchase. 218. 

District of Columbia, 212. 31 

Divisions and commands of Mail matter, classes of, 



Army. 16 
Doughfaces, 165. 

E 
Eminent domain. 80. 
Envoys, i 8. 

Equal Rights Party, 165. 
Executive mansion. 22*. 

F 

Faneuil Hall. 70. 
Federal Party. 157. 
Ficticious person, 19. 
First Mexican Cession. 213. 
Fundamental Orders of Con- 
necticut, 50. 

6 

Gadsden Purchase, 214. 
Grand inquest, 111). 
Grand larceny. 125. 
Great seal. 187. 
Greenback Party. 162. 
Growth of United States 
213. 

H 

Half-breeds. 16-L 
Hawaii, 100. 214. 
Hierarchy, 103. 
Honors of war, 3.5. 
Hostile embargo, 86. 
Hunkers, 108. 
I 
Indians, naturalization 

139. 
Indian Territory. 212. 
Indirect tax, 208. 
Individual ballot, 21. 
[nquest of office, 119. 



107. 

Maritime jurisdiction, 0. 
Marque and Reprisal, 12" . 
Meteorological Bureau, 220 
Minor Political^Parties, 

160. 
Monarchy, 102. 

N 

National Convention, 156. 

National Party. 162. 
National Republican Party 

158. 
New States, 10. 
Note, promissory, 1 1 5. 



Offensive war, 225. 

Oligarchy, 108. 

Order of the Star Spangled 

Banner, 161. 
Oregon Country, 213. 
Organized militia. 134J 
Original jurisdiction. 122. 



Joint resolution, 1SS: 

K 

Know-Nothing Party, 161. 

L 

Labels. 07. 

Lessee. 120. 

Lesser seal, 187. 

Lessor. 120. 

Liberal Republicans, 165. 



Paper blockade. 20/ 
Parol contract, 04. 
Parties, political. 157. 
Patriarchy, 102. 
Payee, 1 < 6. 
People's Party. 102. 
Petit larceny. 125. 
>f Pettv Sessions. 45. 
' Philippine Islands, 104, 214. 
Plutocracy. 103. 
Political assessments. 19. 
Political colonization, 40. 
Porto Rico, 106, 214. 
Presidential succession, 

; 173. 

Prohibition Party, 102. 
Proprietary government, 

40. 
Protective Tariff, 20S. 
Public domain, 80. 

Quarter Sessions. 4o. 
Quit claim deed, 74. 



LSDKX 



281 



R 

Ratio of representation, 14. 

lle°;i store rl bonds, 30. 
Regular Army, 15. 
Reprisal, 127. 
Republic. 102. 
Republican Part v. 159. 
Revenue tariff, 208. 
Royal government, 45. 

s 

Second Mexican Cession, 

214. 
Sec'y of State, War, etc., 

33. 
Sedition Law, 12. 
Seward Whigs, 165. 
Silver Grays, 165. 
Simple larceny, 125. 
Simple resolution, 183. 
Snuff Takers, 165. 
Sons of '76, 161. 
Specific duty, 81. 
Stalwarts, 164. 
Standing Army. 15, 
Standing committee, 48. 



States evidence, to turn. 88. 
Strict Constructionists, 159 
Suit in Equity, 206. 
Supreme Court, D. C. 207. 

T 

Testament. 227. 
Texas, annexation. 213. 
Theocracy, 102. 
Town. 41. 
Trust deed, 74. 

u 

Union Labor Party, 105. 
Unorganized militia. 184. 
U. S. House of Representa- 
tives, 112. 
U. S. Representatives, 180 
U. S. Senate, 188. 
U. S. Senators. 191. 

V 

I Village, 4.2. 

w 

Warranty deed, 74. 
Whig Party, 158. 
Woolly Heads. 165. 





ERRATA. 




88, 2, 1— For 


' 'first, " 


read first. 


" " 2- " 


"notority," 


" notoriety. 


106. 2,— " 


"govenor," 


" governor. 


14*. 5— " 


"juridictions, 


" " jurisdiction. 


147, 1,— " 


"citizens," 


" citizens. 


297, 8 — " 


"339," 


" 610. 


380, 1 — " 


"offiice," 


" office. 


383, 1 - " < 


'a new trial,' 


' " a trial. 


397, 7— " 


"eletors," 


" electors. 


414, 1,— " 


"sighed," 


" signed. 


610, 1 — " 


"1887," 


" 1787. 


710, 1— For 


"Righ" 


read Right. 


836,10,— " 


"endidates" 


" candidates. 


857, 1— " 


"instrument,' 


' " instrument. 



340, 2.— There are now 22 Federal Circuit 
Judges, the 2nd, 7th, 8th and 9th Circuits hav- 
ing three Judges each, with two in each of the 
other Circuits. 

184, 2, and 146, 11.— U. S. Commissioners 
are now appointed by U. S. District Courts 
for a term of four years. 



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